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HomeMy WebLinkAbout2010-10-11 ResolutionMl~ 4c 7 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 10-418 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Blue Moose - 211 Iowa Avenue Passed and approved this 11th day of October 2Q 10 MAYOR Approved by / ~ f ATTEST: a-u-t1 ~-' //~ . ~ ~'~ ~«M ~: ,~~,~ ~~ ~ ~~~ CI CLERK City Attorney's Office ~ ~~~(,~~ `,.,` It was moved by champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey ~- Champion x Dickens x Hayek .~_ Mims x Wilburn x Wright x '~~~~ 4d(1) _ Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 Resolution No. 10-419 RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A UTILITY EASEMENT ACROSS THE WEST 10' OF THE VACATED BELDON AVENUE, AND SETTING A PUBLIC HEARING ON SAID PROPOSED CONVEYANCE FOR OCTOBER 26; 2010. WHEREAS, MidAmerican Energy wishes to install underground electrical utility lines across the west 10' of the vacated Beldon Avenue, between Oakridge Avenue and Willis Drive, for the provision of electrical service to nearby properties; and WHEREAS, in order to install such utilities, MidAmerican Energy has requested the City grant it an underground utility easement in exchange for the payment of $1,000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to consider the conveyance of an underground utility easement over the west 10' of the vacated Beldon Avenue between Oakridge Avenue and Willis Drive, Iowa City Iowa, to MidAmerican Energy in consideration for $1,000. 2. A public hearing on said proposal should be and is hereby set for October 26, 2010 at 7 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 11~h _ day of October , 2010. " ~'`t~ ~ n MAYOR App ved by ATTEST: CITY LERK City Attorney's Office ~~/N~~~ Resolution No. ~ n-t: i ~ _ Page _~_ It was moved by champion and seconded by Mime the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: .~.- x x X ~_ .X X Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc ~, 4. ~l °_i ~ ~ ~ Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 10-420 RESOLUTION DETERMINING THE NECESSITY OF REHABILITATION, CONSERVATION, REDEVELOPMENT OR DEVELOPMENT OF PROPERTY LOCATED WITHIN THE PROPOSED TOWNCR FOR A CONSULTAT ON AND UBLIC HEARING REGAR ING HE AND SETTING DATES PROPOSED TOWNCREST URBAN RENEWAL PLAN. WHEREAS, this proposed Urban Renewal Area includes and consists generally of the area known as Towncrest, located at or near the intersection of 1St Avenue and Muscatine Road, Iowa City, Iowa, more particularly described in Exhibit A; and consisting of approximately 49 acres; and WHEREAS, a number of Towncrest's outdated buildings, lack of investment and expanding vacancy rates put it at risk for entering a state of rapidly declining property values, hyper vacancy rates, severely depressed rental rates and perceived image problems, all common problems in areas of slum or blight; and WHEREAS, the occurrence of deterioration, obsolescence, inadequate provision of open spaces; defective or inadequate street layout; and faulty lot layout in relation to size, adequacy, accessibility; diversity of ownership, are all conditions of slum or blight present within the proposed Towncrest Urban Renewal Area; and WHEREAS, this Council has reasonable cause to believe that the Towncrest Urban Renewal Area satisfies the eligibility criteria for designation as an urban renewal area under Iowa law and has caused there to be prepared a proposed Towncrest Urban Renewal Plan for the area described therein, which proposed Plan is attached hereto as Exhibit A; and WHEREAS, Council desires to consider approval of the Towncrest Urban Renewal Plan, and therefore is required by Iowa Code Chapter 403 to submit the proposed Towncrest Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation and to notify and hold a consultation with affected taxing entities regarding the proposed Plan; and WHEREAS, subsequent to such consultations, Council shall hold a public hearing on the proposed Towncrest Urban Renewal Plan and publish notice of the same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Section 1. One or more slum, blighted or economic development areas exist within the City, namely within the proposed Towncrest Urban Renewal Area. Rehabilitation, conservation, redevelopment, development, or combination thereof, of the area is necessary in the interest of the public health, safety, or welfare of the residents of the City. Section 2. The consultation with affected taxing entities regarding the proposed Towncrest Urban Renewal Plan required by Iowa Code Section 403.5(2) shall be held on the 15th day of October, 2010 in the City Manager's Conference Room, Civic Center, Iowa City, Iowa at 10:00 a.m.. Wendy Ford, Economic Development Coordinator, is hereby appointed to serve as the designated representative of the City for purposes of conducting said consultation, receiving Resolution No. 10-420 Page 2 any recommendations that may be made with response thereto and responding to the same in accordance with Section 403.5(2). Section 3. The City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all affected taxing entities, as defined in Iowa Code Section 403.17(1), along with a copy of the proposed Towncrest Urban Renewal Plan, said notice to be in substantially the following form: NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF IOWA CITY, IOWA AND AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED TOWNCREST URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA The City of Iowa City, Iowa will hold a consultation with affected taxing entities, as defined in Iowa Code Section 403.17(1), commencing at 10:00 o'clock A.M. on October 15, 2010, in the City Manager's Conference Room, Civic Center, Iowa City, Iowa, concerning a proposed Towncrest Urban Renewal Plan, copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the proposed Urban Renewal Area, and the duration of any bond issuance included in said Plan. The designated representative of any affected taxing entity may make written recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. Wendy Ford, Economic Development Coordinator, as the designated representative of the City of Iowa City, shall submit a written response to the affected taxing entity no later than seven days prior to the public hearing on the proposed Towncrest Urban Renewal Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City of Iowa City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this -day of , City Clerk, Iowa City, Iowa (END OF NOTICE) Section 4. The proposed Towncrest Urban Renewal Plan be submitted to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for the development of the City as a whole, with such recommendation to be submitted in writing to the Council within 30 days of the date hereof. Section 5. A public hearing shall be held on the proposed Towncrest Urban Renewal Plan before the City Council at its meeting which commences at 7:00 o'clock p.m. on November 16, 2010 in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa. Resolution No. 10-420 Page 3 Section 6. The City Clerk is authorized and directed to give public notice of this public hearing in the "Iowa City Press-Citizen," once on a date not less than four (4) nor more than 20 days before the date of said public hearing, and to mail a copy of said notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form: NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED TOWNCREST URBAN RENEWAL PLAN FOR A PROPOSED URBAN AREA IN THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa will hold a public hearing before itself at its meeting which commences at 7:00 p.m. on November 16, 2010 in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa to consider adoption of a proposed Towncrest Urban Renewal Plan (the "Plan") concerning a proposed Urban Renewal Area in Iowa City, Iowa generally described as 49.3 acres at or near the intersection of 1St Avenue and Muscatine Avenue in Iowa City, Iowa. A copy of the plan is on file for public inspection in the office of the City Clerk, City Hall, Iowa City, Iowa. The City of Iowa City, Iowa, is the local agency which, if such Plan is approved, shall undertake the urban renewal activities described in such Plan. The general scope of the urban renewal activities under consideration in the Plan is to assist qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the plan provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The City also may install, construct and reconstruct streets, parking facilities, open space areas and other substantial public improvement, and may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Plan provides that the City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the City. The Plan initially proposes specific public infrastructure or site improvement to be undertaken by the City, but provided that the Plan may be amended from time to time to respond to development opportunities. Any person or organization desired to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the State Code of Iowa. Dated this day of s/Marian K. Karr City Clerk, Iowa City, Iowa (END OF NOTICE) Section 7. The proposed Towncrest Urban Renewal Plan, attached hereto as Exhibit A and incorporated herein, for the proposed Urban Renewal Area described therein is hereby officially declared to be the proposed Towncrest Urban Renewal Plan referred to in said notices for purposes of such consultation and hearing and that a copy of said Plan shall be placed on file in the office of the City Clerk. PASSED AND APPROVED this lltlaiay of October, 2010. MAYOR Resolution No. 10-420 Page 4 ATTEST: ~ , ~~ CITY LERK Ap roved by ~ ~~~~ Chi ~ ~~'L~'~=y1,~)ZFlrG~~ City Attorney's Office l ~ ~i ~~ v Resolution No. t n-~~ Page 5 the Resolution be It was moved by champion and seconded by Mims adopted, and upon roll call there were: AYES: x x x x ~_ ~- x NAYS: ~ ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc ~X~,6;~ Towncrest Urban Renewal Plan 2010 Table of Contents Section I -Introduction Section 2 -District Designation Section 3 -Base Value Section 4 -Urban Renewal Plan Objectives Section 5 -Description of Urban Renewal Area Section 6 -Proposed Urban Renewal Activities Section 7 -Proposed Projects Section 8 -Conformance with Land Use Policy and Zoning Ordinance Section 9 -Relocation of Families Section 10 -Financial Data Section 11 -Urban Renewal Plan Amendments Section 12 -Property Acquisition/Disposition Section 13 -Effective Period Addendum No. 1 -Legal Description Addendum No. 2 - Towncrest Urban Renewal Project Area Map 2 Section 1-Introduction This Urban Renewal Plan has been developed to help local officials reduce slum and blighted areas and promote economic development within Iowa City, Iowa. The primary goal of the plan is to stimulate, through public involvement and commitment, private investment in the revitalization of the Towncrest Urban Renewal Project Area for commercial and residential uses. The goals outlined in this Towncrest Urban Renewal Plan include the following, which include goals detailed in the Iowa City Comprehensive Plan - 1997, as amended: ^ Diversify and increase the property tax base by (1) encouraging the retention and expansion of existing industry and (2) attracting industries that have growth potential and are compatible with existing businesses; ^ Increase employment opportunities consistent with the available labor force; ^ Provide and protect areas suitable for future commercial development; ^ Cooperate with local and regional organizations to promote economic development within Iowa City; ^ Improve the environmental and economic health of the community through the efficient use of resources; ^ Consider financial incentives and programs to facilitate achieving the above goals; ^ Focus commercial development in defined commercial center, including small scale neighborhood commercial centers; and ^ Foster strong community neighborhoods with a mix of housing, churches, schools recreation facilities, commercial areas, and historic landmarks. In order to make development sites attractive to new and expanding businesses, communities are frequently called upon to provide financial incentives and programs. Other development sites in the metro area, which already cater to commercial and office uses, make tax increment financing available to qualifying businesses. As is consistent with the Iowa City Comprehensive Plan, the City has concluded it is in the interest of its citizens to encourage the development of commercial and office zoned land in order to provide competitive development sites for these uses. The City has identified portions of the Towncrest Urban Renewal Project Area to be slum or blighted areas, as defined by Iowa Code 403.17(2009). It is in the interest of its citizens to provide financial incentives and programs in order to encourage revitalization of such areas. Therefore, the City intends to make available the use of tax increment financing as a means to finance the construction of some of the necessary public infrastructure improvements within the Towncrest Urban Renewal Project Area, referred to hereinafter as the "Urban Renewal Project Area" or "Area". In addition, the City may make available the use of tax increment financing to provide direct grants, loans or rebates for qualifying commercial or residential developments that help achieve the goals and objectives set forth herein. 3 To gain public input for the Plan, City staff began meeting with community stakeholders in October of 2008 and continued through September of 2010 and discovered that existing conditions were less than ideal. The planning process. began with abroad-based community meeting where staff listened to the concerns of residents, businesses, and the non-profit community. Early on, stakeholders noted the following needs: • To retain local businesses, with special attention to medical services that have been a part of the Urban Renewal Project Area's historic character; To firmly establish a neighborhood identity; • To encourage a more diverse mix of businesses; • To address the deterioration of commercial and residential rental properties; • To improve streetscapes and traffic circulation; and • To create new green spaces. Once the community expressed the broader themes for redevelopment, City staff met with individual businesses and organizations located within the Urban Renewal Project Area. These interviews provided staff with the suggestions necessary to frame a more detailed plan for the Urban Renewal Project Area. After these meetings it was decided that any plan developed by the city should: • Be developed in phases and implemented over time; • Encourage mixed-use commercial/residential development; • Adopt architectural and landscape standards to assure quality development; • Seek to improve traffic circulation for vehicles and pedestrians alike; • Provide better access and visibility from Muscatine and First Avenues; • Create a central green space for community gatherings and to open views to Muscatine Avenue; • Provide a central parking facility for employee and long term parking in order to create a more pedestrian oriented streetscape, while providing angled store-front parking for customers and patients; • Consider a zoning change to allow adjacent properties to convert to townhomes over time. • Redevelop decaying commercial and residential rental properties located within the Urban Renewal Project Area To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapters 15A and 403 of the 2009 Code of Iowa, as amended. Section 2- District Designation With the adoption of this Plan, Iowa City designates this Urban Renewal Area as a slum and blighted area, as well as an economic development district that is appropriate for residential, office and commercial development. Section 3-Base Value 4 If the Towncrest Urban Renewal Area is legally established and debt is certified prior to December 1, 2010, the taxable valuation within the district as of January 1, 2009, will be considered the "base valuation". If the debt is not certified until a later date, the "base value" will be the assessed value of the taxable property in the Urban Renewal Area as of January 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt. Section 4- Urban Renewal Plan Objectives The overall goal of this Plan is to formulate and execute a workable program using public and private resources to develop the Urban Renewal Project Area for retail, office, housing, and other commercial or residential uses. The following objectives, based on community and stakeholder input, have been established for the proposed Urban Renewal Project Area: ^ To encourage and support development that will expand the taxable values of property within the Urban Renewal Project Area; ^ To reverse the deterioration of commercial and residential properties within the Urban Renewal Project Area. ^ To encourage the revitalization of commercial and residential activity in the Urban Renewal Project Area, in particular the revitalization of medical-related offices, office, retail, restaurants, housing, and business and personal service establishments; ^ To provide for the orderly physical and economic growth of the City; ^ To make public improvements as deemed necessary by the City to support commercial and residential activity within the Urban Renewal Project Area; ^ To provide financial incentives and assistance to qualifying projects and businesses as necessary. Section 5- Description of Urban Renewal Area The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendum No. 1 -Legal Description. The location and general boundaries of the Towncrest Urban Renewal Plan Area are shown on Addendum No. 2 -Location Map: Towncrest Urban Renewal Project Area. Section 6- Proposed Urban Renewal Activities To meet the objectives of this Plan and to encourage the development of the Area, the City intends to utilize the powers conferred upon it pursuant to Iowa Code Chapters 15A and 403 (2009) and to make available financial incentives, including but not limited to, tax increment financing for the following activities: 1. Undertake and carry out urban renewal projects though the execution of contracts and other instruments. 5 2. Make or have made surveys and plans necessary for the implementation of the Urban Renewal Plan or specific urban renewal projects. 3. Make loans, forgivable loans, grants, or rebates to private persons or businesses for economic development purposes on such terms as may be determined by the Iowa City Council, in its sole discretion. 4. Provide for the installation of infrastructure and roadway improvements. 5. Use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions in Iowa City. 6. Encourage the incorporation of energy efficient building techniques such as those specified in the Iowa Green Building Standards, or those attaining LEED certification, through the use of tax increment financing, in the sole discretion of the City Council. Section 7- Proposed Projects Proposed projects involve activities necessary to facilitate growth in the Urban Renewal Area and provide incentives to encourage new development to locate in the area. Projects including water, sewer, street and other infrastructure may be constructed. In addition, the City may consider providing direct or indirect financial incentives to private persons or businesses as incentives to locate in the Area. Private Site Improvements Private site improvements may include, but are not limited to, demolition of existing buildings and site preparation; design and construction of buildings; grading for building construction and amenities; paving and parking; landscaping; and installation of on-site utilities. Private site improvements will be required to follow the design guidelines set forth in the Towncrest Design Plan, created by the City's landscape architecture consultant RDG Planning and Design. Tax increment financing maybe granted to qualifying entities to finance these private site improvements, at City Council's discretion. Any development projects receiving tax increment financing or other public funding assistance will be subject to review by the Staff Design Review Committee. Design review approval will be based on compliance with the design guidelines noted above. In addition, the City Council may designate Towncrest a "Design Review District," whereby all improvements to buildings or property within the district would be subject to Design Review according to the aforementioned design guidelines. Public Infrastructure Improvements 6 Public infrastructure improvements inay include, but are not limited to, storm water management facilities, public streets and sidewalks, sanitary sewers, storm sewers, and open space and streetscape improvements. Tax increment financing may be available to finance the construction of these improvements, in whole or in part, at the City Council's discretion. Financial Incentives At the City Council's discretion and as permitted by Iowa Code Section 403.19 (2009), tax increment financing may be available for providing direct grants, loans or property tax rebates for qualifying projects and businesses in the Urban Renewal Area. Tax increment financing may be used for, but is not limited to, financing the private site improvements and public infrastructure improvements listed above. Qualifying projects and businesses shall be determined by the City Council on a case by case basis. Section 8- Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan The Urban Renewal Project Area is located within the area designated by the Iowa City Comprehensive Plan as the Southeast Planning District. The Iowa City Comprehensive Plan designates the Urban Renewal Project Area as appropriate for general commercial and residential uses. Current and Proposed Zoning and Land Uses The Project Area is currently zoned CC-2, CO-1, RM-20 and RS-8, as defined by the Iowa City Zoning Code, The current land uses consist of commercial, public, and residential uses. The proposed land uses include mixed-use, retail, office, and other commercial and residential .uses permitted in the CC-2 and CO-1 zones. The City may amend its zoning code to create a new Design Review District and/or a new, mixed-use zoning classification appropriate for Towncrest and may rezone the area to be so designated. Any rezoning to this area, including the creation of a new zoning category under the Zoning Code, will be consistent with the Comprehensive Plan. Section 9- Relocation of Families Benefits Upon the City's verification of a property owner's eligibility for tax increment financing, qualified tenants in the designated Urban Renewal Project Area shall be compensated by the property owner for one month's rent and for actual reasonable moving and related expenses, where said displacement was due to action on the part of the property owner to qualify for said tax increment financing. Eligibility 7 "Qualified tenant" means the legal displaced occupant of a residential dwelling unit which is located within the designated Urban Renewal Project Area where the person or family has occupied the same dwelling unit continuously for twelve (12) months prior to the City making tax increment financing available to a project within the Urban Renewal Project Area. There are no relocation provisions made for displacement from commercial units. Actual Reasonable Moving and Related Expenses A qualified tenant of a dwelling is entitled to actual reasonable expenses for: a. Transportation of the displaced person and personal property from the displacement site to the replacement site. Transportation costs for a distance beyond twenty-five (25) miles are not eligible; b. Packing, crating, unpacking and uncrating of personal property; c. Disconnecting, dismantling, removing, reassembling and reinstalling relocated household appliances and other personal property; d. Discontinuing, transferring or reconnecting utility services, including cable television. Least Costly Approach The amount of compensation for an eligible expense shall not exceed the least costly method of accomplishing the objective of the compensation without causing undue hardship to the displaced tenant and/or landlord. Section 10- Financial Data 1. Constitutional Debt Limit: $ 136,552,095 2. Current general obligation debt: $ 84,995,000 3. Proposed amount of indebtedness to be incurred: A ,specific amount of tax increment debt to be incurred (including direct grants, loans, advances, indebtedness, or bonds) for projects over time has not yet been determined. The City Council will consider each request for financial assistance or a project proposal on a case-by-case basis to determine if it is in the City's best interest to participate. It is estimated that the City's cost for initial anticipated projects discussed herein will be in the $10 to $15 million range. Section 11- Urban Renewal Plan Amendments 8 This Urban Renewal Plan may be amended from time to time to include change in the area, to add or change land use controls or regulations, to modify goals or types of renewal activities, or to amend property acquisition and disposition provisions. If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undertaking other required actions, all in conformance with applicable state and local laws. Section 12- Property Acquisition/Disposition Other than easements and right-of--ways, no property acquisition by the City is anticipated. Section 13. Effective Period This Urban Renewal Plan will become effective upon its adoption by the City Council of Iowa City and will remain in effect as a plan until it is repealed by the City Council. The use of tax increment financing revenues (including the amount of grants, loans, advances, indebtedness or bonds which qualify for payment for the division of revenue provided in Section 403.19 of the Code of Iowa) by the City for activities carried out under the Urban Renewal Plan shall be limited as deemed appropriate by the Council and consistent with all applicable provisions of law. 9 Addendum No. 1 Legal Description of the Urban Renewal Project Area The Towncrest Urban Renewal Area includes the following: Lots 1-4, Block 5; Block 6; Lots 1-4, Block 7; the N 100' of Lot 1 & the E 22' of the N 100' of Lot 2, Block 14; and the S 75' of Lot 8 & the E 10' of the S 75' of Lot 7, Block 15, and to the centerline of all adjacent rights-of--way, East Iowa City Subdivision, Iowa City, Iowa, according to the plat thereof; and Lots 5-19, Block 1; Lots 8-10, Block 2; and Lots 7-9, Block 3, and to the center line of all adjacent rights-of--way, Towncrest Addition, Iowa City, Iowa as shown on the plat thereof recorded at Book 4, Page 323 of the Johnson County Recorder; and Commencing at the northwest corner of Lot 12, Block 1, Towncrest Addition, then north 200', then east 107.5', then south 200', then west 107.5', and to the centerline of the adjacent rights-of--way; and Blocks 1 & 2, and Lots 1 & 2, Block 3, and to the centerline of all adjacent rights-or-way, Towncrest Addition Part Two Revised, Iowa City, Iowa, as shown on the plat thereof recorded at Book 6, Page 6 of the Johnson County Recorder; and Commencing at the NE corner of Lot 1, Block 1, Towncrest Addition Part Two Revised, thence E 160', thence S 148', thence W 160', thence N 148', and to the centerline of the adjacent Muscatine Avenue right-of--way; and The real estate north of and adjacent to Muscatine Avenue between First Avenue and Waters First Addition, excluding the Memory Gardens Cemetery. This area contains approximately 49.3 acres. 10 Addendum No. 2 Towncrest Urban Renewal Project Area Map 1 ~ - ~ ~ ,- v , ,~ ~~,_ ~, D sr. ~ ~ ~ P1 ~--~~ / ~~-- _ RM - _-~ 20 F sT. C:U1 /: ~ ,,, MUSCATINE AVE. i/ ~// / Towncrest Ln. rn ~ ~~ // ~~ ~ i r- n / ~ x /. ~ a H ST. z -~i m Towncrest Dr. 3 ~ v ~ WAYNE ST. I ST. 8 R m m 7a J ST. BRADFORD DR. Towncrest urban renewal project area VIVV 11 ~~- t ~ J Publish 10/9 NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF IOWA CITY, IOWA AND ALL AFFECTED TAXING ENTITES CONCERNING THE PROPOSED TOWNCREST URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA The City of Iowa City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(lA) of the Code of Iowa, as amended, commencing at 10:00 o'clock A.M. on October 15, 2010, in the City Manager's Conference Room, Civic Center, Iowa City, Iowa concerning a proposed Towncrest Urban Renewal Plan, copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the proposed Urban Renewal Area, and the duration of any bond issuance included in said Plan. The designated representative of any affected taxing entity may make written recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. Wendy Ford, Economic Development Coordinator, as the designated representative of the City of Iowa City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Towncrest Urban Renewal Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City of Iowa City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this 9th day of October, 2010. s/Marian K. Karr City Clerk, Iowa City, Iowa ~i.~®~1' Zlll +' p~~~ . ~~.~~ CITY OF IOWA CITY 4d2 MEMORANDUM Date: October 5, 2010 To: City Council From: Wendy Ford, Economic Development Coordinator ,~ Jeff Davidson, Director of Planning and Community Development ~`'~ Re: Resolution of Necessity for Towncrest Urban Renewal Plan / On your October 11 meeting agenda is a Resolution of Necessity for the Towncrest Urban Renewal Plan. A Resolution of Necessity formally initiates the legislative process to adopt an urban renewal plan. It sets the dates for a consultation with other taxing entities and the dates for public hearing/s about the Plan required by state law. The Towncrest Urban Renewal Plan will also enable the use of Tax Increment Financing (TIF) in the Towncrest redevelopment area. While the draft plan for the Towncrest Urban Renewal Area is attached to the resolution, your decision today is about whether to adopt the Resolution of Necessity. The plan, in draft form is still subject to change, as it has yet to be reviewed and approved by the Planning and Zoning Commission. At their meeting on September 22, the City Council Economic Development Committee voted 2- 0 (Mims absent) in favor of recommending adoption of the resolution. Estimated Timeline of Activity leading to adoption of the Towncrest Urban Renewal Plan Action Entit Date Resolution of Necessity City Council 10/11/2010 Consider Ado tion Review of Towncrest Urban Planning and Zoning 10/21/2010 Renewal Plan Commission and ossibl 11/4/2010 Consultation with Taxing County Government 10/15/2010 Entities School District Colle es Public Hearing and Consider City Council 10/26/2010 or 11/16/2010 if Adoption of the Urban P&Z takes two meetings to Renewal Plan make recommendation Please let me know if you have any questions about the Resolution of Necessity. '~' 10-11-10 N 4e 1 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-421 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1204 ASH STREET, IOWA CITY, IOWA. WHEREAS, on October 7, 2005, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1204 Ash Street from a Mortgage, recorded October 27, 2005, Book 3956, Page 477 through Page 481 of the Johnson County Recorder's Office. Passed and approved this 11th day of October , 20 10 MAYOR Approved by ATTEST: ~ - ~~~ ~ ' e1 ~~ Pc_~ CITY LERK City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~ Champion X Dickens ~- Hayek x Mims x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): George and Ruth L. Ferdig Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the following property located at 1204 Ash Street, Iowa City, Iowa, and legally described as follows: Lot 40 in C.R. Regan Addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owners, George and Ruth L. Ferdig, to the City of Iowa City represented by a Mortgage, recorded October 27, 2005, Book 3956, Page 477 through Page 481 of the Johnson County Recorder's Office. This obligation has been nullified and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: ~Z,u~G~r_J ~ • ? ~y~~ CIT - LERK STATE OF IOWA 1 SS: JOHNSON COUNTY 1 MAYOR ~~ ~' Approved ~~ `~~~~-~r~ City Attorney's Office ~A On this ~_ day of ~~i>~FK.- , A.D. 20 f~ ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. lo•- 2 ,adopted by the City Council on the ~f` day `l~G~f~FS~iL , 20 P t) and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. S sn~'~ ,~giat SONDRAE FORT Notary Public in and for Johnson County, Iowa s _ ~ Commission Number 159791 My Com fission Expires pow -~ G.O f Z. ~~ ~~ - 4e 2 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246 RESOLUTION N0. 10-422 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR PROPERTY LOCATED AT 438 SOUTHGATE AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of an Agreement and Mortgage executed by the owners of the property on March 21, 2001, and recorded on March 14, 2002, in Book 3250, Page 279 through Page 304 in the Johnson County Recorder's Office covering the following described real estate: Lot 13 in Block 5, in Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 8, Page 69, Plat Records of Johnson County, Iowa. WHEREAS, Hills Bank and Trust Company has executed a loan and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Agreement and Mortgage held by the City be subordinated to the loan of Hills Bank and Trust Company, secured by a proposed mortgage in order to induce Hills Bank and Trust Company to secure first position on such a loan; and WHEREAS, Hills Bank and Trust Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust Company; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Hills, Iowa. Passed and approved this 11th day of October , 20 10 -~ ~ ^c MAYOR ~ Approved by Resolution No. 10-422 Page _ 2 ~~,~~ r~ ~ - 3 Gy _' t Ca ATTEST: Q~~~ ~~ CIT LERK City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey X Champion X Dickens ~_ Hayek x Mims x Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust, Hills, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortaaae attached as an exhibit to an Agreement which at this time is in the amount of 345 000, and was executed by Mid-Eastern council on Chemical Abuse (MECCA), (herein the Owners), dated March 21, 2001, recorded March 21. 2002, in Book 3250, Page 279 through Page 304, Johnson County Recorder's Office, covering the following described real property: Lot 13, in Block 5, in Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 8, Page 69, Plat Records of Johnson County, Iowa WHEREAS, the Financial Institution has loaned the sum of $3,472.000.00 on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage, covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Aareement and Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Aareement and Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Aareement and Mortgage of the City. 4. Binding Effect. This agreement shall be binding upoh and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this llthday of October , 20 10 , CITY OF IOWA CITY By ~~..~ Mayor FINANCIAL INSTITUTION A /1 I By ~V ~ .Tac.~ N . Ba:. ~,w.ert: ~.l g O.GI,'ur Attest: ` ~~ City Jerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this l~_ day of D~-~a~~~L , 20 1 t`~ ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared M~~~+t, e ~ ~ -l-t~~,~ i~ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. i~7- 4~zz passed (the Resolution adopted) by the City Council, under Roll Call No. - of the City Council on the ii ~ day of 2~~t~~_.iz , 20 /® ,and that 1~Ytr.~'(!1'ioP1~ ~I. ~~ue~. and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,~R~q~s SONDRgEFORT z° ~ Commission Number 159791 `~~ ~ ~~-~ • My Commission Expires pow 3 2c'~ 2. Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this a:.°I~day of ~ ~ , 200 ,before me,ttthe undersigned, a Notary Public in and for the State of Iowa, personally appeared lac N • ~• to me personally known, who being by me duly sworn, did say hat he/she is the (•o~W.t!'c%a( ~,,,,.~.,,,~ ~'vu of H71S B~~ o+~'t"r~s~ Co~,i ,that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Jat~ 1~. 'C~,o;, acknowledged the execution of said instrument to be the voluntary act and deed of said cor ation, by it and b im/her voluntarily executed. Commission Nu ° ~ Mycornm.ir:xp. `~ Notary Public in and for the State of Iowa ii ommission ex fires: ~ ~ ~l My C p 4e 3 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-42'3 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR PROPERTY LOCATED AT 430 AND 436/438 SOUTHGATE AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of three Mortgages executed by the owners of the property on August 7, 2006, recorded on August 23, 2006, in Book 4073, Page 812 through Page 816; and on July 22, 2008, recorded July 24, 2008, in Book 4329, Page 447 through Page 451; and on November 6, 2009, recorded November 12, 2009, in Book 4526, Page 148 through page 152 in the Johnson County Recorder's Office covering the following described real estate: Lot 14 and 15, Block 5, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 8, page 69, Plat records of Johnson County, Iowa; and Lot 13 in Block 5, in Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 8, Page 69, Plat Records of Johnson County, Iowa. WHEREAS, Hills Bank and Trust Company has executed a loan and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Agreement and Mortgage held by the City be subordinated to the loan of Hills Bank and Trust Company, secured by a proposed mortgage in order to induce Hills Bank and Trust Company to secure first position on such a loan; and WHEREAS, Hills Bank and Trust Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust Company; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Hills, Iowa. Resolution No. 10-423 Page 2 Passed and approved this 11th day of October . 20~_• ~ti ~f.~ MAYOR v Approv ~~~- C -~U -(c ATTEST: ~• ~~ CITY ERK City Attorney's Office It was moved by Champion and seconded by Mime the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek ~_ Mims ~_ Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust of Hills, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgages which at this time are in the amount of $72,278, and where executed by Mid-Eastern Council on Chemical Abuse (MECCA) (herein the Owner), dated August 7, 2006, recorded August 23,2006, in Book 4073, Page 812 through Page 816, and dated July 22, 2008, recorded July 24, 2008, in Book 4329, Page 447 through Page 451, and dated November 6, 2009, recorded November 12, 2009, in Book 4526, Page 148 through Page 152, Johnson County Recorder's Office, covering the following described real property: Lot 14 and 15, Block 5, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 8, page 69, Plat records of Johnson County, Iowa; and Lot 13, Block 5, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 8, Page 69, Plat Records of Johnson County, Iowa WHEREAS, the Financial Institution proposes to loan the sum of $3,472,000 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgaqes held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgages of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 11th day of 0 tober , 20~_ CITY OF IOWA CITY By /~"~ r Mayor FINANCIAL INSTITUTION gy sc1Z. 1J . ~ Attest: ~ c~ City °terk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this _ 1t ~_ day of ~c~t, ~ , 20 (t~ ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared r~~~t-gyp uI J ~~au~e ~ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. jD- ~`z3 passed (the Resolution adopted) by the City Council, under Roll Call No, of the City Council on the lam` day of (7 ~~ ~ ~rz , 20 (c7 ,and that Mr,~-1-~-I,ew ~; -~--Iciuek and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. o~,NAt~~ SONDRAE FORT S~,d~. ~~ r ~ Commission Number 159791 Notary Public in and for the State of Iowa My Commission F~cpires pow .3 Zo STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on ~e a~t~nn~.ar aQ~ 20_Q by iToc2 1J • g+c~. (name(s) of person(s)) as ov+n~nrQ.rGa~ Qa~•4r;w e~'~.e./- (type of authority, e.g, o icer, trustee, etc.) of N;II I~Irt ~-~. ~~~ Cow~D~N (name of party of behalf of whom instruments was executed) . '~"'.".~ ®. or ac ".~ ~•~~~ AfVruELA ~'~',~j~. Commission Nu Notary Pu lic in and for the S ate of to a w~ ~Y Cpmm. E~• My Commission expires: ~ ~' I~ 4e 4 Prepared by: Liz Osborne, CD Division, 410 E. Washington St.; Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-424 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NATIONWIDE ADVANTAGE MORTGAGE, DES MOINES, IOWA FOR PROPERTY LOCATED AT 412 TERRACE ROAD, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner of the property on April 30, 2004, and recorded on May 28, 2004, in Book 3740 Page 674 through Page 678 in the Johnson County Recorder's Office covering the following described real estate: Lot one hundred seven (107) in Revision of Part Two Court Hill Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 2, page 169, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. WHEREAS, Nationwide Advantage Mortgage has refinanced a mortgage to the owner of the property located at 412 Terrace Road and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of Nationwide Advantage Mortgage, secured by a proposed mortgage in order to induce Nationwide Advantage Mortgage to secure first position on such a loan; and WHEREAS, Nationwide Advantage Mortgage has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Nationwide Advantage Mortgage; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a third lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Nationwide Advantage Mortgage, Iowa City, Iowa. Passed and approved this 11th day of October , 20~_ -~ MAYOR Approved by Resolution No. 10-424 Page 2 ATTEST: ~~~ --~~~ ~ • ~~~~ CIT LERK City Attorney's Office It was moved by Chamuion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey X Champion X Dickens ~_ Hayek x Mims x Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Nationwide Advantage Mortaaae, Des Moines. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortaaae which at this time is in the amount of 3 836, and was executed by Devona Chung-Furlong, (herein the Owners), dated April 30, 2004, recorded Mav 28, 2004, in Book 3740, Page 674 through Page 678, Johnson County Recorder's Office, covering the following described real property: Lot one hundred seven (107) in Revision of Part Two Court Hill Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 2, page 169, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record WHEREAS, the Financial Institution has loaned the sum of $92,800 on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage, covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortaaae held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortaaae held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortaaae of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 11th day of October , 20~_• CITY OF IOWA CITY By f ~ ~~ Mayor FINANCIAL INSTITUTION Attest: City erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~ day of ~~- e ~1=n , 20~_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~ :~ ~ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did y that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. ~a-~i-z4 passed (the Resolution adopted) by the City Council, under Roll Call No. ~- of the City Council on the 11 ~~ day of ['~~, r.~1',~ , 20~, and that .-~Fr-- ~ ~'--,~~ati~ ~ _ and Marian K. Karr acknowledged the execution of the instrument to be their volun ary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,~'us SONDRAE FORT ~~''~~ 'v"~~ _ ~ Commission Number 159791 Notary Public in and for the State of Iowa My Commission F~cpires pow 3 z v Z LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 28th day of September, 2010, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary E. Solon, to me personally known, who being by me duly sworn, did say that she is the Vice President of Operations, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Mary E. Solon acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by her voluntarily executed. ~, ~ ~'L,~ :-x~..~~-FAG l .~q~'^~ set SANdRA [ANA Notary Public in and for the State of Iowa Commission NumbeP 710975 ~!~ MyCom~Er~ires My Commission expires: ~~: •~~ ~:> ~! rn~ 4e 5 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 10-425 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1904 DELWOOD DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owners of the property on November 7, 2005, and recorded on November 18, 2005, in Book 3964, Page 765 through Page 770 in the Johnson County Recorder's Office covering the following described real estate: Lot 191, Mount Prospect Addition, Iowa, according to the plat thereof Records of Johnson County, Iowa. Part IV, Iowa City, Johnson County, recorded in Book 18, Page 50, Plat WHEREAS, MidWestOne Bank has refinanced a mortgage to the owners of the property located at 1904 Delwood Drive and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of MidWestOne Bank, secured by a proposed mortgage in order to induce MidWestOne Bank to secure first position on such a loan; and WHEREAS, MidWestOne Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with MidWestOne Bank; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a third lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and MidWestOne Bank, Iowa City, Iowa. Passed and approved this 11th day of October , 2010 MAYOR Approved by Resolution No. 10-425 Page 2 ATTEST: ~riy-.~~ CI Y JERK City Attorney's Office It was moved by Champion and seconded by Mime the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion x Dickens ~_ Hayek x Mims x Wilburn x Wright SUBORDINATION AGREEfJiENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and MidWestOne Bank, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgaqe which at this time is in the amount of 7 774, and was executed by Jack J. and Cindy Jo Garten, (herein the Owners), dated November 7, 2005, recorded November 18. 2005, in Book 3964, Page 765 through Page 770, Johnson County Recorder's Office, covering the following described real property: Lot 191, Mount Prospect Addition, Part IV, Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 18, Page 50, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $100,500 on a promissory note to be executed by the Financial !nstitution and the owner, securing a mortgage, covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgaqe held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgaqe held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgaqe of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 11th day of October , 20 10 CITY OF IOWA CITY FINANCIAL INSTITUTION Mayor By Attest: ~ ~ City Jerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~~ ~I. day of U pro a~rv- , 20 [a ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mcttti~a ~ ~~~ K and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. /J~ ~z5 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the // `~ day of ~-roBf='~ , 20_1, and that -~f '- f~ and Marian K. Karr acknowledged the execution of the instrument to be their volunt act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SR~~u SONDRAEFORT i ~ Commission Number 159791 My Commission Expires pow 3 L~ ~ SyA[Iln r-. ~~ Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~~~^~~ day of SR ~,~ ~~'~ ~'~^~, 20L, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~eu~-~ ~~ J. ~nPNC~.E~ to me ~~ , personally known, who being bIy me duly sworn, did say that h~ is the l~C e. ~re5 l ~~:sn~ of (~~ C-l ~J~s~C~in~~~, that said instrument was signed cn behalf of said corporation by authority of its Board of Directors; and that said ~1 T ~~-~ ~~r/'c~ acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. R~q( ANDREW LOLLBACK ~P m~, otary Public in and for the State of Iowa e y CommissionNumber757852 ~ ~ My Co miss n Expires ,~P a'< y My Commission expires: o `f" ~-/ / '~- 10-11-10 r~ ~~' 4e 6 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO 10-426 RESOLUTION APPROVING THE RELEASE OF A STORM WATER DETENTION EASEMENT AND THE DEDICATION OF A REPLACEMENT EASEMENT WITHIN LOT 5, SCOTT'S SECOND ADDITION, IOWA CITY, IOWA. WHEREAS, Casey Cook, on behalf of the owner, Naples 1, LLC, requested that the City release the storm water detention easement on Lot 5, Scott's Second Addition, as shown on attached Exhibit A; and WHEREAS, street improvements and changes to the storm water drainage patterns have resulted in diverting water away from the original storm water detention basin, and thus the necessary storage capacity has decreased making a smaller detention facility appropriate; and WHEREAS, in exchange for the requested release, the applicant will dedicate a smaller storm water detention facility easement on the same lot to facilitate the lot's development; and WHEREAS, Public Works. recommends approval of the release of the existing storm water management easement and the acceptance of a replacement storm water management easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The stormwater detention facility easement shown on the attached "Easement Release Plat" and the Final Plat of Scott's Second Addition, Iowa City, Iowa, recorded at Book 319, Page 309, in the Plat Records of the Johnson County Recorder, is hereby released. 2. The City hereby accepts the dedication of the stormwater detention facility easement shown on the attached "Easement Plat" according to the terms set forth in a storm water detention facility easement agreement, in a form to be approved by the City Attorney's Office.. 3. The "Future stormwater Facility Basin Easement" recorded at Book 1115, Page 28, in the Records of the Johnson County Recorder is hereby superseded with regard to the obligations imposed therein upon Lot 5, Scott's Second Addition. 4. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said vacation and release. The City Clerk shall record the legal documents and plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/applicant. Passed and approved this 11th day of October 2010 MAYOR ATTEST:~/~~~--cam ~c~ ~ jC ~~~~f~ CITY CLERK Appr ved by "' Ci Attorney's Office lc~~y~i ~ Resolution No. 10-426 Page 2 It was moved by champion and seconded by rr;ms _ the Resolution be adopted, and upon roll call there were: AYES: x x x X ~_ ~- x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc M ~-~ - - 4e 7 Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. ~ 0-427 RESOLUTION ACCEPTING THE WORK FOR THE LANDFILL FY09 GRADING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Landfill FY09 Grading Project, as included in a contract between the City of Iowa City and Tom Kueter Construction, Inc. of Peosta, Iowa, dated September 15, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $1,206,944.13. NOW, THEREFORE, BE IT RESOLVED BY THE- CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 11th day of October /; "~- MAYOR Approved by ATTEST: CITY LERK 20 10 ~~ie~-~,v~~'~,~~.~ City Attorney's Office ,~~~~'~ ~, It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x X ~- x x Bailey Champion Dickens Hayek Mims Wilburn Wright pwenglres/acptwork-landfi IIfy09grad ing.doc M~ 4e 8 Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. ~ 0-428 RESOLUTION ACCEPTING THE WORK FOR THE BOWERY STREET BRICK REPAIR PROJECT -SUMMIT STREET TO CLARK STREET. WHEREAS, the Engineering Division has recommended that the work. for construction of the Bowery Street Brick Repair Project -Summit Street to Clark Street, as included in a contract between the City of Iowa City and All American Concrete, Inca of West Liberty, Iowa, dated July 22, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $195,287.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 11th day of October , 20~_ /~- ~ ,. MAYOR Approved by ATTEST: - ~ ~/.e ~-y.,..~ ~ . ~'-~/ ,Cl cu-u- ~~ ~a.2~,.~ CLERK ~ City Attorney's Office ~~ ~ s~ io It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~- x. x x x x x Bailey Champion Dickens Hayek Mims Wilburn Wright Pweng/reslAC PTW ORK-BoweryBrick2010.doc 10/10 ~ r 1 -~~ C7) ~~~~p`~~ CITY OF IOWA CITY C~) ~'~~~~ D M RAN U MEMO Date: October 7, 2010 To: City Council From: Kim Sandberg+ Re: Agenda Items The following are costs associated with the Capital Improvement Projects being presented for acceptance at the October 11th Council meeting: 1) FY09 Landfill Grading Project Contractor: Tom Kueter Construction • Project Estimated Cost: $ 2,900,000.00 • Project Bid Received: $ 1,082,004.50 • Project Actual Cost: $1,206,944.13 2) Bowery Street Brick Repair Project -Summit Street to Clark St. Contractor.' All American Concrete • Project Estimated Cost: $ 205,000.00 • Project Bid Received: $ 192,410.00 • Project Actual Cost: $ 195,287.00 M~, 4e 9 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 10-429 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WESTGATE VILLAS, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Westgate Villas, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. The storm sewer public improvements include only the 45 LF of 18-inch storm sewer across Benton Street and intake A. All other storm sewer improvements constructed with Westgate Villas are considered private. The water main public improvements include only the relocation of the southerly fire hydrant. The northerly fire hydrant and its connection to the existing 6-inch water main on Westgate Street are considered private. Paving improvements for Westgate Villas, as constructed by All American Concrete, Inc. of West Liberty, Iowa. The paving public improvements include only the pavement patches installed on Benton Street relative to the water service connections on Benton Street and the aforementioned public storm sewer installed across Benton Street. Although AlI American Concrete, Inc. completed the work relative to the paving improvements, the work was bonded by Maxwell Construction, Inc. and Geomax of Iowa Ciry, Iowa. WHEREAS, the maintenance bonds have been filed in the City Engineer's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the Ciry of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 11th day of October , 2010. MAYOR Ap roved by ATTEST: ate / ~'~ ~- ~~`J CITY LERK City Attorney's Office i ~ ~S ~ ~ ~ Resolution No. 10-429 Page 2 It was moved by f hamii nn and seconded by N;mc the Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: - Bailey Champion Dickens Hayek Mims Wilburn Wright pweng/res/accept-Iwestgalevi Ilas.doc ~~ r ~ r~~~.® ~III~ ~ +. ~®r~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5007 EAX www.icgov.org ENGINEER'S REPORT October 4, 2010 Honorable Mayor and City Council Iowa City, Iowa Re: Westgate Villas Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Westgate Villas have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for the paving improvements constructed by All American Concrete, Inc. of West Liberty, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, ~Z....U~? K-- Ronald R. Knoche, P.E. City Engineer pwengAtrs/engrpbwestgatevi Ilas.doc M',:t ~. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 10-430 RESOLUTION COMMITTING THE LOCAL MATCH FOR THE HAZARD MITIGATION GRANT PROGRAM GRANT FOR THE HICKORY HILL PARK TORNADO ROOM PROJECT AND RESCINDING RESOLUTION NO. 10- 415. WHEREAS, the City of Iowa City, County of Johnson, has made application though the Iowa Homeland Security and Emergency Management Division (HSEMD) to the Federal Emergency Management Agency (FEMA) for funding from the Hazard Mitigation Grant Program, in the amount of $186,692.00 for the total project cost of a tornado safe room at Hickory Hill Park; and 4e 10 WHEREAS, the City recognizes the fact that this grant is based on a cost share basis with the federal share not exceeding 75%, the state share not exceeding 10% and the local share being a minimum of 15% of the total project cost. The minimum 15% local share can be either cash or in-kind match. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: I. The City agrees to provide and make available up to $28,004.00 (twenty-eight thousand and four dollars) of local monies to be used to meet the minimum 15% match requirement for the mitigation grant application. 2. Resolution No. 10-415 is rescinded. Passed and approved this 11th day of October, 2010. ®v ~V C MAYOR ATTEST: ~ CIT LERK City Attorney's Office Resolution No. 10-430 Page 2 It was moved by champion and seconded by rams __ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~~ X X ~- x X ~_ Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc 7U-77-7U nn 6f Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington StreeT•; Iowa City; ~IA 5240; 319- 356-5030 `~~ ~~'' ~ '~ '' ~,.~ ~ ~~ RESOLUTION NO. 10-431 ~~'_~ ~ ~ ° ' ALL- ----:, A RESOLUTION VACATING A PORTION OF JJR DAVIS ADDITION ANb CONVEYING THE VACATED CITY VIEW DRIVE TO DEALER PROPERTIES IC, LLC ~'> WHEREAS, the Applicant, Dealers Properties IC, LLC, has requested that the City vacate Lots 2-8 and City View Drive, JJR Davis Addition, Iowa City, Iowa, recorded at Plat Book 47, Page 165, in the Records of Johnson County, Iowa, and convey to Applicant City View Drive, so that the vacated land can be replatted for commercial development; and WHEREAS, City View Drive, a loop drive serving only the lots located within JJR Davis Addition, was dedicated to the City at the time JJR Davis Addition was platted; and WHEREAS, although the roadway has been constructed, the City has not accepted it as constructed and therefore it is not currently open to the public; and WHEREAS, the Applicant owns all lots abutting City View Drive; and WHEREAS, this vacation and conveyance of City View Drive is made without additional compensation paid to the City, as City View Drive is of no benefit to the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City hereby vacates City View Drive and Lots 2-8, JJR Davis Addition, Iowa City, Iowa, together with any and all easements thereon dedicated to the Public in connection with the platting of said JJR Davis Addition. 2. The City of Iowa City hereby conveys to Dealer Properties IC, L.L.C. all of its right, title and interest in the real estate within the vacated City View Drive, as shown on the Final Plat of JJR Davis Addition, recorded at Plat Book 47, Page 165, in the Records of Johnson County, Iowa. Passed and approved this 11th day of October , 20 10 I'.~ MAYOR Appr ved by ATTEST: ~ ~~~~~._J ~~~ CIT LERK City Attorney's Office ~/~~~d Resolution No. Page 2 10-431 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ~ ABSENT: x Bailey x Champion x Dickens _~ Hayek ~_ Mims x Wilburn x Wright wpdata/glossary/resolution-ic.doc .r STAFF REPORT To: Planning & Zoning Commission Prepared by: Christina Kuecker Item: SU610-00007 & SU610-00008 Date: August 5, 2010 D and D Billion Addition GENERAL INFORMATION: Applicant: Billion Auto 3401 West 41St Street Sioux Falls, SD 57106 Contact Person: MMS Consultants, Inc. Phone: 319-351-8282 Requested Action: Preliminary and Final Plat Purpose: To re-subdivide the property into two lots Location: Mormon Trek Boulevard and City View Drive Size: 18.49 acres Existing Land Use and Zoning: Car dealership (CI-1 ), Undeveloped (CI-1) Surrounding Land Use and Zoning: North: Commercial and Airport - C11 and P1 South: Residential and Undeveloped - County Ag Rural Residential (R) East: Office and undeveloped - C01 and C11 West: Highway 218 Comprehensive Plan: Intensive Commercial (CI1) or Highway Commercial (CH1) File Date: July 13, 2010 45 Day Limitation Period: August 27, 2010 (preliminary plat) 60 Day Limitation Period: September 11, 2010 (final plat) BACKGROUND INFORMATION: The property was annexed into Iowa City in 2003 to support the City's goal of enabling future development of new areas for commercial use adjacent to the airport along the Mormon Trek Boulevard extension. At that time, the property was zoned Highway Commercial (CH1) to permit development of service uses relating to expressways or other major arterial thoroughfares including food, lodging, motor vehicle service and fuel. An application to rezone this property to Intensive Commercial (CI-1) was recently approved by City Council. ~.~ . a 2 JJR Davis Addition, an 8-lot Highway Commercial subdivision that includes City View Drive was approved in February 2004. Lot 1, an 8.08 acre parcel, is already developed as Billion Honda. Lots 2-8 are undeveloped and vary in size from 0.82 to 1.61 acres. The applicant is requesting preliminary and final plat approval for a re-subdivision of this property to create two lots. Lot 1 includes the existing Honda dealership and the area north of City View Drive and Outlot B. Lot 2 is south of City View Drive, with frontage along Mormon Trek Boulevard. The applicant intends to have the City vacate City View Drive and use the north and south access points as common access easement for the Lots 1 and 2. The vacation of City View Drive and the previous plat will need to be reviewed and approved by City Council prior to the approval of the proposed preliminary and final plat. ANALYSIS: Zoning: This area was recently rezoned to CI-1 (Intensive Commercial). The applicant is proposing two lots, one of which is proposed for automotive sales and repair use. Lot 2 has no proposed use. The Comprehensive Plan identifies the subject property and other properties in the vicinity of Highway 1 and Highway 218 as suitable for large lot commercial uses with extensive outdoor storage needs. However because this area serves as an entranceway to the city, the Comprehensive Plan stresses the importance of aesthetics as these intensive commercial properties develop and redevelop. The recent rezoning included a Conditional Zoning Agreement (CZA) that addressed landscaping, screening, and building and site design (including the location of loading docks, garbage dumpsters, outdoors storage areas and other service areas or equipment) as a condition of approval of rezoning and plat approval. The applicant will need to demonstrate compliance with the CZA at the time of site plan review. The design of the preliminary and final plat generally conforms to the zoning and subdivision regulations. Sensitive Areas and Storm Water Management: A Wetland Mitigation Plan and Compensatory Mitigation Plan were required prior to the first subdivision of the subject property. The plans were approved by the US Army Corp of Engineers and the proposed wetland buffer averaging and reductions are seen in the Final Plat of JJR Davis Addition. Storm water management is provided within the Wetland Mitigation area in Outlot B. The applicant will need to verify the storm facilities are adequate for the new plat design. The Public Works Department is currently reviewing the storm water calculations Access: Lots 1 and 2 have direct access to Mormon Trek Boulevard via the existing access points on City View Drive and the existing driveway to the Honda dealership. The applicant is proposing to remove City View Drive while retaining these access points. The existing curb cut openings for City View Drive are larger than the permitted curb cut width. It is possible for wider curb cuts to be installed, but it must be approved by the City Engineer. A common access easement is provided on Lot 2 to provide shared drive access to Lot 1 and Lot 2. Utilities: The existing utilities and easements along City View Drive are being removed and vacated. Private easements for utilities will be provided within the lots. 3 Fees: The water main extension fee has been paid for Lot 1 of JJR Davis Subdivision (Honda dealership). The fee of $395 per acre will need to be paid for the remainder of the subdivision. STAFF RECOMMENDATION: Staff recommends approval of SU610-00007 and SUB10-00008, the preliminary and final plat of D and D Billion Addition, an 18.49-acre 2-lot commercial subdivision located west of Mormon Trek Boulevard south of Highway 1, subject to the vacation and conveyance of City View Drive and approval of the legal papers prior to City Council consideration. ATTACHMENTS: 1. Location Map 2. Preliminary Plat 3. Final Plat Approved by: r -rte -~`''~ ~~'' ~~ Robert Miklo, Senior anner, Department of Planning and Community Development ~~ V f~f '°~ 5 0 ~ ~ ~' ~~~ ~ ~~ ~ .!,/ ~~'` O ~ ~ . O ~~ ~~ ~~ F'~~ ~/ A ~ i~ [` ~: °'~ ~dc~ ''~~r''`, " ~ r r r` ~ ,. ~~ v , ~~° ~% ,~ ,~ ~~ ~ / ~ ~ f~ ~ ~ ~ ~`~~ Fr d` 1 00 O O O O O CA n O O O O i O ~--i v .~ A .~ V v H T V \\ ~~~ ~ ~ ~ ~ ~ ~ ~, F ~ y, N z 0 V O w ~ qqpp f kyR ~; ~'~ 0 ~ i ~ ~ ~ ` ~~` ~ ~ ~~1 ~ ~E ~~ ~a ~EEF ~ asp3<= 8 rrr'~~ O ~ . , .. 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Wxe S/e• Ru \~ 7Y ~ Ir10e.T' _~ N21Yq' a1~ ~ ~l ~ \ ~~~,, ~j CS u c.r elas___ ~~~-______ a ~ ~ ., _____________ slaw \,~ 09~e'd67w ~ irk \\ \ ,~. . w.u rt tm.u 'kb~ xo' Pww ~. `• to er ~ ~ a~4MS.7Y3 \\ ,\ _____` , ia~"" 3 a Ire `~ \ , ,LS RPfLPOf9 N rur porn n Ar PASE u4 w r1E RELGwD y, J'ANNA4 LLDaY ICLLnaERS AT1G[ anu irzuwFLr~ii`~ `°Ifi, ~ FL~.aiui" ~ \ \ ~ p p ry~ uon ~ ,` -~~~.~ erc nNVerz s:x t-t---_- ~ '_ SLVee us[mtr __ 1 M11 11Fa7Y71PTON I certify that durlnq Ua month o} Alay, 2010, at the dkwc8an of Deder Prapertise IC, LLC, a aurwy woe made under my eupeMelon of a partlon of the Norfhweel One-Warta of Ns SouUwet One-Warta, Northaaet Onw-Warty of the Southsowt One-Quarter. SouUlweet One-Quarto of the Northeast One-Warty and the Soufheaet One Worta o} tl1e Northeast One-Warta, dl lylnaa in Sectlan 20, Towneilip 79 North, Range 6 Vlwt, FlM Prlncbd MaA49an, Iowa CItyL Johnaan County, Iowa, the boundarlee of dlldt ore more partloulony daealbed ae fdlowe: Audltere ParaN No. 2010039, Iowa CRy, Iowa, h acoordonu with the Ptat thereof reeordad h Poet Bode tfd, at Page 39, h the Recarde of ths Johnean County Recordal'e Offloe ond, Lot 1 0} JJR DoW Addlllon, h aaeadancs whh the flat theroof recoWad h Plat Book 47, at Page 105. h the Records of the Johnson County Rscordare OfOw Sold resultant Treat of land contohs 18.49 ogee, mld Is subjwt to sawnante and resMMlons of reoad. ~ ~ t s ~ ~ ~ ,edr y 6Mt wak p er M rJ bl v wy ywad ww•m wM Yw! 1 1.e1/ Swrpv "~ EAelr e1e klw M tlN SIeLe ~ 01810. _ earl 0. L31 kne Ne elb 1~~ ~ 31, ~ _. •,.~~••~ mLwee tlee ~ ee r aw STV,.d e.ra. me wlr _ aey a ,a3_ . Notery P1bEe, h M M the Slap d kArn IL'~'A'oo" m ~ ~ g 1 ~ 1~ ~N ~~~s+~°~~ ~ ~j~9 D ~~ Z ~ rn > ~ ~ g y~~- ~~A~ r ~ ~ ~ ~~ a f ~~ ~ ° ~ ; ; ~~3~ Z~ ~ 000 V ~ ~ ~~ ~ ~N o Z ~ ~ ~ ~ ~' ~ ~~ r ~ ~~~ ~~~ ~ ~~ o ~, o ~ $ z -I ~~z~ G:\8 686\8686- 001 -\B6 86001F.dwq 6/10/2010 3:48:43 PM CD1 Final Plat D & D BILLION ADDITION A Resubdivision of Auditor's Parcel 2010038 and Lot 1 of JJR Davis Addition Iowa City, Iowa PLAT PREPARED BY: OWNERR:IAOIWDER: oLelDN OER'3 ATTORNEY' MMS CONSULTANTS INC. DEALEfl PROPERTE8IC, LLC TNOWS N.aELMAN 10178 GILBERT BT. Y4I WEST 418T 8TREFT 371 E. MARKET STREET IOWA CITY, IA 57740 BIOUI( FALlB, BD 37103 IOWA GTY. IA 07213 N Bob Miklo From: Janet Dvorsky Sent: Thursday, March 18, 2010 4:23 PM To: Bob Miklo Subject: FW: Morman Trek, NE of intersection with Dane Road -----Original Message----- From: jjung@commspeed.net [mailto:jjung@commspeed.net] Sent: Thursday, March 18, 2010 4:23 PM To: Janet Dvorsky Subject: Morman Trek, NE of intersection with Dane Road Dear Ms Divorsky, I am writing to let you know how very concerned I am about the proposed annexation and rezoning of the areas surrounding Dane Road. As a 22-year resident of Dane Road, I have witnessed many dramatic changes in the area, each of which has directly impacted my quality of life. I am not inherently opposed to progress, but the bright lights from the car dealership blaze all night long. The voices on the intercoms echo throughout my home. The proposed rezoning threatens to exacerbate this problem and bring new ones. What will happen to those abandoned dealerships if new ones are built? Will they remain empty concrete eyesores? Who will take responsibility for the increased noise, light, and traffic that "intensive commercial" properties will bring to this long-standing residential community? I hope that the concerns of the residents who will be most affected by these changes are taken seriously and that we can be a part of the dialogue. Sincerely, Janel Jung 4161 Dane Road SE Iowa City, IA 52240 319.338.9012 1 ^ og 1 Prepared by: Christina Kuecker, Associate Planner, 490 E. Washington St., Iowa City, IA 52240 (319) 358-5243 (SUB 10-00007/SUB10-00008) RESOLUTION NO._ 10-~2.__ RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF D 8~ D BILLION ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Billion Auto, filed with the City Clerk the final plat of D & D Billion Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in lows City, Johnson County, Iowa, to wit: Auditor's Parcel No. 2010438, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 55 at Page 39, in the Records of the Johnson County Recorder's Office and Lot 1 of JJR Davis Addition, in accordance with the Plat thereof recorded in Plat Book 47, at Page 165, in the Records of the Johnson County Recorder's Office. Said resultant Tract of land contains 18.49 acres and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommends approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and subdivision and recommends that said plat and subdivision be accepted and approved; and WHEREAS, the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2009) and all other state and local requirements. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shal{ record the legal .documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivides. Resolution No. 10-432 Page 2 Passed and approved this ilth day of October , 20 to COR~~Rf~T~ SQL - ~ -- MAYOR Approved by ATTEST: ~ -- ~~d-e~=G~ ~~,~„-, ,~, rx~~2„~ CITY ERK City Attorney s Ofi•ice ~~ ~3v ~ ~v It was moved by Bailey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey ~_ Champion ~_ Dickens '= Hayek x x Mims ~_ Wilburn x Wright l `(~ ~' Prepared by: Christina Kuecker, Assoc. Planner, 410 E Washington St., Iowa City, IA 52240 (319)356-5243 (SU610-00008) RESOLUTION NO TION APPROVING THE PRELIMINARY AND FINA~. PLAT OF D 8~ D BILLION ADDITION, IOWA CITY, IOWA./ WHEREAS, the owne~illion Auto, filed with the City Clerk, an applic~ition for the preliminary and final plat of D & D Billion ddition, Iowa City, Iowa; and I WHEREAS, the Departure t of Planning and Community Develop ent and the Public Works Department examined the p eliminary and final plat and recomme ded approval, subject to the vacation and conveyance of Ci View Drive; and WHEREAS, the Planning and Zo ~ g Commission examined the p liminary and final plat and, after due deliberation, recommended ac eptance and approval of th plat subject to the vacation and conveyance of City View Drive; and WHEREAS, the 60 day limitation date is`~eptember 11; and WHEREAS, the vacation and conveyance of City View Dri a has not been approved by the City Council, therefore Staff now recommends de 'al of this reso tion. NOW, THEREFORE, BE IT RESOLVED BY T E CITY OUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the preliminary and final plat of & D Billion Addition, Iowa City, Iowa is hereby approved. Passed and approved this day of 20 Ap ATTEST: CITY CLERK City by liy7Gy2~~ s Office 9l3 /!v ~,' Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO RESOLUTION APPROVING A PURCHASE AGREEMENT OF IOWA CITY AND VAN METER INDUSTRIAL, INC. F NORTH AIRPORT `~ EVELOPMENT SUBDIVISION CONVEYANCE IN CCORDANCE THEREWITH RESOLUTION NO. 10-2 0. WHEREAS, The North Airport Development Subdivision incl been marketed for sale to the general ublic; WHEREAS, the City has negotiated a p $380,000 that requires City Council appr~ WHEREAS, in Resolution No. 10-260, Cou it resolution and the published notice of the pub inaccurate legal description of the property; and WHEREAS, following public hearing, the City approved and that the property should be conv~ 20 NOW, THEREFORE, BE IT RESOLVED BY T E CI COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The purchase agreement for Lot 10 i the North Air ort Development Subdivision with Van Meter Industrial, Inc. is approved. 2. Upon the direction of the City Atto ney, the Mayor and t City Clerk are authorized to execute all documents necessa to dispose of said pro rty in accordance with said purchase agreement. 3. Resolution No. 10-260 is rescigfded. Passed and approved this ~[_ day of ATTEST: CITY CLERK MAYOR said purchase agreement but the on the proposed sale contained an that said purchase agreement should be accordance therewith. Approve by ~~ ~; TWEEN T~ CIT~G ---~ LOT 10 -©F THE - AUTHO~ZINL D REST INDIN&~ ..~ commercial lots which have agreemen~with Van Meter Industrial, Inc. for City Attorney's Office Ct3M~iERCIALINON-RRSTUENTIAI, OFFER FoR REAL EsTAT)I; (Including Acccptauce, Acknuwtedgat»ent) This form npprovad by the Iowa Ctry Area Association of REALTORS TIME t,_,•) am (,_,) Jun DATE OF OFFER i, Chrek all boxes that apply to ih~ offer. 2. D1SCL(7SURE NFIRMATEONS. A. AGENCY. By tJng below, BUYER and SEW,P.R confirm that: u. written disc! ores of agoncy ra[smsentation wore providcti to tltnm1 b. they u nId ropresentatJan, c, the disciasures w provkicd prior to eigrdng this Offer for !teal Mato, li, BUYER BuvsR ~t Dt~Ct1MENTS. DUYER and ~LLER requcsE that BROKI~R by law, SEt,LER ~ft DATE 3, OFN'>r'R'ft1: The undersigns hereby nffar to buy the real property situated in Jxiatly de,~crtbctl lion eoutaincd ht the title doeurncnt by Which the SFsL anot~ey, or described as follows: hetainatter dasisnatad as "Property" togathor with any any ing restrictions, restrictive covanattis, eaactpopts, anti tnir investigattan rights act foM in peta&raph 4(g) and provi, of Ute RoAI Estata;_Bata11 t Wholesai,a h„urttnn -.. tie , 13t3YER agrees to pay you for such propnny the sum TFt[? PURCHASE PRICl3 shalt be paid as failowa: $ (.~,} SELLER'S (•..) EtIYER'8 (`.l_ boot „Agony") ar {„_) AN ESG1tpW CaiM'ANX papats and the 6atanco upon dZlivcry of Watra Etu~tast nta»oy scheduled to be held in excess In au IataresNl~earing aceoulst With interest (H~ Tho pe:•sons}. Tha :elms "Qwnar" andku "Sell Vendeo. Tito tan»s "sat!" and "sale" ahaJl ncl paid as destg»atad below: & PATE r (helnin deaign>ited as SELLER}. {herein designated as BUYER'} County, Iowa, Located at, and ~.~.,_.~, Iowa, and fotlo~ving the legal descrip- dtlo to the properly, subject to approval of til1YER'5 and sarvient estates appurtenant thereto and subject to zon- ~ervntlon, if any, subject, however, to the Buyer's prupasly cr, on possession, Ja pcrmltted to make the following use ~~A.A r....l ~~___a_., ,) to be held in and BUYER'S toward the nun t by auk (hareinaEter referred to as "Broker" or rico at closing, pending delivery of,tmai my eea or upon execution of a 1 astute contract es herelnntter provided. of days and in an amount rquat t r excectting S7,51}p,Ap steal! be placed cruing itt favor of (T} BUXI~R SELLER, SSA , or I;ed tD~: ''Bmkar" shall also include Broker's a dialed licensees (brokers and sales• shall include Sellnr or Vandoc The term 'BUYER" steal) include Buyer or ode sale, exchange ar option, The baleac of thn purchase price shat] he Checfi the apprapriale hazes, (A) ar (H or (C) or (D} (/) A. CASK to ba paid on sat ment data, This offer is oat cattingeat upon'BUYER obtaging Rnancing. SELLER has'the right to receive verification of funds. t_._.) B. N)aW MQ&TGAGE: This contract is contingent upon the BUYER abtaininga banaG~o commitment for (...,} Conucntionai (_) ARivt (~) Other BUYC~R(s-r,~!~--,, and SGI,t~GR(s? , acknowledge they have road this pu~tu, Pogo I of 7 (lataulaJ Qn}dais) TINANCING TERMS; This Agreement is contingent upon the BUYER obtaining a written commitment fur a first real estate mortgage far % of the purchase price wiUt interest on the promissory note secured thereby of not more than 96 amortized over a term of trot less than ycnrs, with a balloon due date of not less than years. B YER agn:es to pay no more than Sb for loan origination fees and points, and to pay in addition .dl other cus- tomary loon costs, BUYF_R agrees upon acceptance of Ntis offer to immediately make application for such mortgagee ~vitlt a commercial mortgage lender and to exercise good faith efforts to obtain a mortgage commitment as above pro= vided. Upon receiving written loan commitment (supported by the lender's required appraisap, BUYER shall release this contingency in writing. If BUYER has not obtained a wptten mortgage loan commitment containing rho above terms or otltcr terms acceptable to BUYfiR on or before the day of 2D~ either SELLER or BUYER may declare this Agreement null and void and all payments made hereunder shalt be returned. BUYER skull pay the balance of the purchase price at the tithe of the clo~ing by combination of BUYER'S personal funds And the`t(et mortgage proceeds, (~) C. ASSUMPTION O MORTGAGE OR CONTRACT: see °Addendum t Commercial Rcal Estate purchase Agreement" attached d made a part of this contract, (._._.) D. INSTALLMENT CO ACT: see "Addendum to Commercial Real fate Purchase Agreement" attached and made a part of this c niract. 4. OTHERTERMS/CO~1TI1`'GENC /SPECIAL PROVISIONS (i.e., any subjec to sale, including zoning permits, util- ities, onviranmentai assessments, etc.): OpUoaal Condttoons; Provisions a throw h g, if initialed by BUYER, are include in this Agreement: a. SURVEY, Upon acceptance o this offer. BUYER may have the pr petty surveyed by a licensed Surveyor at the expense of she (,) B , (_,~ SELLER The surveyor shall set and flag all property pins, to be approved by BUYER before I the survey, certified by a Registered Land Surveyor, shows any encroachment n said property ar if any im ovemenis (not excluding landscaping, plant- ings or fencing) hx:ated on the subjec roperty encroach on tan of others, such encroachments shall be treat- ed as a title defect. b. SOILS TEST. Upon acceptance of th' offer, BUYER shall eve the right to have soils investigations con- ducted by a licensed soils engineer, inclu 'ng, but not limi d to, percolation tests, to ascertain whether the properly is suitable for the improvements w 'ch BUYER i ends to make. All expenses for the tests shall be ' borne by (~ BUYER, (___) SELLER. B YER shalt responsible for the repair and restoration of any damage to the property which may be caused b such tes . If in the reasonable opinion of the soils engineer, the property is not suitable for the proposed deve pme t, this Agreement, at the option of the BUYER, may be terminated and all eamost money shall be refund UYER shall be deemed to have waived this condition unless wrIlten notice to Iite contrary is daIivered to S LBR'S agent within days of acceptarce. c. COYTaNANTS. SELLER shall provide the BUYS 'th the covenants within days of acceptance of this offer. BUYER shall than !lave days fro race t of these covenants to review and provide written approval to SELLER'S agent. If BUYER does n appmv covenants, then this offer is null and void and all earnest money shall be refunded. d. WELL WATER TEST. Upon acceptance of tl s offer; BUY may, at Buyer's expense, obtain a water test to determine if Ule well water meets the safety standards set by a State Hygienic Lnborotory, BUYER shall be deemed to have approved said report unl s written notice is livered to SELLER'S agent within days of acceptance. In the event of disapp al, BUYER may fermi • tc this agreement and all earnest money shall be returned, or BUYER may elect to roccxd with well investiga bas as noted below. e. WELL REPORT. Upon acceptance of offer, BUYER may obtain a ell report of the existing well(s) from a licensed well drilling contrnctor at a expense of the (,___) BUy (~ SELLER. BUYER shall be deemed to have approved said report u ass written notice to Use contrary is livered to SELLER'S agent tviQr in days of acceptance. In the vent of an unsatisfactory report, and 'f the matter cannot be resolved behveen the potties wititia day of receipt thereof, BUY)~t may terming this Agreement attd all Gamest ' money shatlbe retttrtted. f. SEPTIC REPORT. If the prope y is served by a septic system, BUXER may, a (_J BUYER'S, (~ SELLER'S, expense, hav fire system inspected by a qualiftcd inspector to etermine if the system is working properly, In the even of an unsatlsfnctary report, and if the matter canoe be resolved between the parties ~vitltin clays a receipt thereof, BUYER may terminate this Agreeme and all earnest rnoney sltull be returned, _._...$. PROPERTY INVESTIGATIONS, Within days following acceptance of this off , BUYER may con- duct independent investigations of the following examples of conditions relating to the pr perry: nUYGR(s}~, and SGLGER{s) , ucknowtcdga U1ey have read this page. (Initials) {Initials} Rigc 2 or 7 (1) Zoning, other ordinances, general plan description, environmentally protected areas, master plans of drainage, dedicaEion of land for public use, topography, or other: (2) Flood hazard zones, BUYER has been advised that the property (~ is, (,) is not, (_} may be, in on,area designated as a flood zone. Flood iasurance may be required in order to obtain financing, BUYER is advised to consult lender and insurance carrier, (3) Availability of utilities and costs of deveiapment. (4} Building Deparauent requirements, fees, and costs of offsite and ensile improvements. (5) Any easements of record for public utilities, roads or highways. Also consider liens, other easements, and interests of others. (6) Any mineral tes' adaas. • BUYER shall be d ed to have approved of said investigations mess written notice is delivered to SELLER'S agent with days of acceptance of this Purchase A recment, In the event of disapproval, BUYER may terminate 'Agreement and al) earnest money shall be turned, S, ABSTRACT AND TITLE. Within days of final acceptance of this offer, LGER shall have the abstract for the property continued to and including the to of acceptance of this offer and deliver to BUYER for examination, BUYER shall have felt (10) days' from date of rece t ofAbstract to deliver a copy of his nt ey's title opinion to SELLERS, stat- ing any trbjections to Title and only objec ens so stated shall be eonsidert;d. TI abstract shall become the property of Bt1YER when the purchase price is paid in f 1 and shell shave Marketable Title defined as one that is in compliance with the Iowa State Bar Association Title Standard SELLER shall pay costs of addi 'peal abstracting and(or title work due to act or omission of SELLER; or SELLER shalt g ve evidence of title by the pure use of an Owner's policy of title insurance for BUYER containing terms and endorsements 5 tisfactory to Buyer. 6. TRUST PAYMENTS, All funds deposited as part p meats shat t be held by Br ker in trust pending acceptance of this offer, and examination of the abstract and delivery of dee r formal contract. B authorizes the Lender financing this pur- chase to pay all funds to Broker for the benefit of S LER and Si;LLER thorizes Agent to accept and make payments and disbursements. At time of settlement, funds of the pu hose price may b used to pay taxes, other liens, and closing costs to comply with the above requirements, to be handfed un r supervision Broker, and subject to approval of B DYER on title questions which may be needed to produce markets title. Befor BUYER shall be entiUcd to refund of Earnest Mancy, any actual expenses incurred on BUYER'S behalf all be de cted therefrom and paid to the creditors entitled thereto. 7. !ZEAL ESTATI~ TAXES, SPECIAL ASSESSMENTS, Real Estate Taxes. SELLER shalt pay all heal estate taxes which a uc and payable and constitute a lien against the above described Rettl Estate and any unpaid real estate taxes for any prior •s, Except for the tax proration hereinafter set fortt, BUYER. shall pay alt subsequent real estate taxes. SELLER shal al pay a prorated share of the real estate taxes for the fiscal year ending Tune 30, 20~,(Z, and payable in the fiscal ye• co encing July 1, 20 ,~Q,, based upon one of the fol- lowing formulas: Select (A) (B) or (C), (.~ A. Net taxes payable in the current fiscal year in 'ch posse ion is given to BUYER. (Do not select this alternative if the current year's taxes are based u n a vacant lot r partial Construction assessment. (_.) B, Net taxes paid in the current fiscal ycAr of posse ion (plus/minus Rfi thereof, (_) C. An amount calculated based upon the assessed aluation, legislativ tax rollback, and real estate tax exemptions that will actually be applicable to and used f r the calculation of to payable i» the fiscal year commencing July 1, 20 __.__, If, at the time of closing, a tax >•ate is not cettifie then the most current, certified tax rate shall be used. Special Assessments, Select: (A) or (B} (_) A. SELLER shall pay all special assessmer which are a lien on the Real Est a as of the date of closing. (,_,,,) B. SELLER shall pay all installments of peeial assessments which are lien the Real Estate and, if not paid, wUUld become delutquent during the alendar year this offer is accepted, and 1 prior installments thereof, Afl other special assessments shall be p d by BUYERS, 8. POSSESSION. IF B UYER timely performs 1 abligatians, possession for the Real Estate . al l be delivered to BUYER on 2p ~ tivith any adjustments of real, axes, insurance, interest, and other applicable matters to be made as o the date of transfer of possession. Closing of the transaction shall occur after approval of title and vacation of the pre ses by the SELLER, in the condition ready for BUY 'S possession. Possession shall not be delivered to the BUYER tit completion of rite closing, which shall moan delive to fire BUYER of all title transfer documents and receipt of Ute urchase price funds then due from BUYER. If by mutual a ement the parties select a different possession or closing dais, they shall execute a separate agmement setting forth the to s thereof. HUYER(s) ~ ~ , and SELLER(S) , nckiwwlcdge they love lead this pogo. Pugc 3 ar 7 (fnidals) (hullo)s) 9. INSURANCE. SELLER shall bear the risk of hiss or damage to property prior to settlement or possession, whichever first occurs. SELLER agrees to maintain existing insw•attce and BUYER may also purchase insurance. In the event of substan- tial damage or destrugtion prior ro closing, this Agreement shall be nttll and void unless otherwise agreed by the parties. BUYER, however, shall have the right to complete the closing and receive insurance proceeds tegardless of the extent of the damage. The property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition ou or before closing date. 10. INCLUDED PROPL'ItTY (if any). All property that integrally belongs to, or is specifically adapted to, or is part of die real estate (except rents`! items), whether attached or detached, such as wall to wall carpeting and vinyl, light fixtures and bulbs, ceiling fans}, mirro ,shelving, shades, rods. blinds, awnings, storm windows, storm doors, screens, plumbing fixtures, sump pump, water ilea , water sofiencr, automatic heating equipment, fuel tank, air conditioning equipment (except win- dew), door chimes, a1 devices. built-iu items and electrical servic eable/feneing, garnge door opener and controls}, other attached fixtures, io ancUor attached TV receiving equipten fencing, trees, bushes, shrubs, plants, appurtenant su'uctures or equipment, st age buildings, voice/data ~virmg and port ,pre-wired security systems, electronic cable, fenc- ing, shelving, gates, landsca 'ng, and rural water membership shall considered a part of real estate and included in this sale. II. OTHER INCLUDED ITEMS, INCLUDING MACHINERY EQUIPMENT: valued at $ , purchase price. F,XCLUDED PROPERTY, MACHI RY AND 12. PERSONAL PROPERTY AND DEBRIS. 'ELLER agr~ herein from the property by possession date un s there is 13. DUTIES OF PARTIES: a. SELLER and BUYER acknowledge and ugree ' (i) must respond to all questions of the partle; advice on matters outside the srnpe of their (2) make no representations or warranties as to futut~e value, Inevme potential, whether the t upon any such representations. (3) tue not qualified to advise on questions con ar tax consequences of this document or t. consult the nppropriute professional{s), of the total t to remove all debris and al[ persona! property not included prior wril[en agreement by the parties. ~ OKER(S), affiliated licensees and employees; tivever, they are not inquired to discover hidden defects or give estate license; hysical or mechanical condition of the property, its site, value, tt t is waterproof, etc.; SELLER AND BUYER are not relying idea of the propetiy, the legal sufficiency, legal effect such matters. SELLER and BUYER are advised to b. SELLER and BUYER acknowledge that t e SELLER of rea property has a legal duty to disclose MATERIAL ADVERSE FACTS and MATERIAL DE CTS of which SEL R has actual knowledge and which a reasonable inspection by BUYER would not reveal. YBR has the right too in any Inspections, survey sad measurements at BUYER'S expense. IA, JOINT TENANCY IN PROCElJDS AND SECURTTY RIGHTS IN AL ESTATE. if SELLER, immediately pre- ceding this offer, holds title to the property ' joint tenancy, and such joint ten cy is not later deshoyed by operation of law or by sets of SELLER, then (I) the price ds of this sale, and any cantiuuiag dlor recaptured rights-of SELLF,R in real estate shall be and continue In SELLER joint tenants with rights of survivors ' and not as tenants in enmmon; and (2} BUYER in the event of the death of ei Cr SELL)CR agrees to pay any balance of a proceeds of this sale to the surviving SELLER and to accept deed from sue surviving SELLER, I5. CONDITION OF PROPERTY, A. The property as of the date of is agteement including buildings, grounds, and all ' provements will be preserved by SELLER in its present cond' on until possession or closing, whichever takes p ce first, ordinary wear and tear excepted. D, SELLER warrants there are o abandoned wells, solid waste disposal sites, hazardous ~ rites or substances, or under- . ground storage tanks, and at property is under no governmental scrutiny for these items. C. SELLER assures heating d air conditioning systems, plumbing system, alt appliances and 8 other mechanical equip- ment, included as port of he purchase price, will be in working condition as of either the da of possession or closing, whichever takes place f' st, wiih rite fallowing exceptions (if none so state); AUYER(s)~~~ , and SELLER(s) , achnowlcdge they hove read this page. (Initials) (Initiulsl Pagc 4 aC7 U. !f this property is sold and purchased in an "as is" condition, paragraph ISC. dots not apply to this sale and the prog- eny is sold and purchased without a general warranty, including but not limited to wan:utty of fitness, freedom from defects, suitability of purpose, or that the buildigg or any of its incladed components including heating, air-condition- ing, ventilating, plumbing, eletarical and other systems therein arc in opcratittg conditions, The BUYER acknowledges that he bas relied on no representations as to the condition or qualify of the properly being sold and purchased htrein by either the SFi, F.~2 or S LER' a ,~ and representatives. The BUXEIt shall have no right on the execution of this agreement or subsequent to the delivery of We title transfer documents to the BUYER to assert any clahn related to the property at any time thereafter and this provision shalt survive delivery of deed to the BUYIiR. It is agreed between parties that this property is being sold and rchased In "as is" condition. Buyer's signature Seller's signs e E. BUYER shall be permiued make a walk through inspection of the mperty prior to possession or closing, whichev- er is saoner, in order to deter ine that there has been no material c rage in the condition of the property except those mutually agreed upon. Unless is new construction, at the time closing or possession, whichever occurs sooner, BUYERS will accept property in 'ts present condition without fort er warranties or guarantees by SELLERS or BRO- KER concerning the condition of property. This, however, s not relieve the Seller of any liability for any wndi- tionsthat are defined as latent defect A latent defect is one whi is not apparent to the Buyer upon reasonable, care. ful inspection of the pzEmises and wht h is known to the Seller nd not disclosed as a defect. R Nety Construction: If the improvements n the subject props are under construction or are to be constructed, this Agreement shall be subject to approval o lens and specifics ons by the parties within days of t'inal accept- ance of ibis Agreement. This Offer to Furc se is not a cons edon contract. The conlrae[ far construction will be a separate agreement between fife Contractor an BUYER wh' b wilt set forth sit of the terms, conditions and specifics- ' bons of the property to be constructed. Broker( and crop yees make no warranties as to the quality of construe lion or materiels or any warranty of habitabili . G, BUYER is advised to have property inspected b p essionat inspectors, if improvements on the property have been prcvious[y occupied, BUYER may choose one a following alternatives relative to the condition and quality of the property: (1) Within days after dte tinal accep ce fate BUYER may, at BUYER'S sole expense, have the prop- erty inspected by a qualified person or p sons o BU'YER'S choice to determine if there are any suvetural, mechanical, plumbing, electrical, or en romnen eticieacies, including hazardous materials, substances. conditions, or waste. BUYER to rode ify SELLS for any damage resulting Fmm cnvironmcntal inves- tigation. Within this saute period, BU R may notify LLER in tvritutg of any such deficiency. Failure to do so shall be deemed a waiver of R'S inspection nd repair rights and BUYER agrees to accept the property in its present condition. 1 the event of any claim r demand by BUYER as a result of inspections, SELLER shall within T2 hours of otification declare and co ence one of the following options: {a) mak~ ing said items operatlanal or f tional or otherwise curing deficiency, or (b) amending tl»s agreement by giving BUYER a credit for he cost of curing the defieieacy,~r {c) canceling this agreement and retund- ing BUYER'S earnest move deposit or any sums paid directly t SELLER. If SELLER dory not protnpt- lycure all such deficiencies 'n a manner mutually agreeable and con ' ed by written addendum, signed by the parties (either pursuant o parenthetical a orb above), than BUYS may declare this offer null and void and shall have rite right to all payments returned. If the. property is bcin sold and purchased in "as is" ca»_ dition as acknowledged signatures above, and if the Buyer elects to con act inspections, said inspections arc for the purpose of termining if the Buyer wishes to continue with th purchase of the property only, The Seller is under no bligadon to temt:dy any deficiencies and failure to so shall net be a considera- tion for voiding the c tract. Tf theBuyer does not approve of information disc Bred in rite inspection, then this offer is null and old and all etunest money shall be returned. (2) BUYER has verifi any 6tfottnation that is imporutnt to BUYER by an indepen eat investigation and/or independent inspe or. Further, $UYER aeknotvledges that BUYER has made a • fitful and satisfactory inspection of the ropcrty and is purchasing the property in its existing condition, 16. WOOD-DESTROYING PFST IYSPECTIOIV. BUYER tnay request a pest control inspection by a 'erased pest inspec- tor tvlthin days after a eptance of this Offer, which shall be done at BUYER'S expense (except otherwise agreed in writing). Should evidence f termites or wood destroying insects be found, the property and structure ~) Wray be treated by a licensed pest extcrntina~or in an appropriate manner at S)rLLER'S option, and shall include all trcatntent and repau• rea- sonably,~re/q'uired by BUYER. BUYER agrees to accept treated and repaired property, or, prior to the commencement of bU`~R(s) l~ ~ ,and SL~I,LER(s} , ncknowtedge tfsey have read this pago. (Initials) (Inltia[s) Pagc 5 of 7 treatment turd repairs, shall have the apkion of declaring this Agreement null attd void and be entitled to full return of the earnest money. This provision does not apply to fences, trees, shrubs, or outbuildings other than garages. I7, LEASE TERMINATION. If indicated by "Yes" in the following space ER at SELLER'S expense W tortnInate all tights of existing tenants so BUYER shallthave solehposssepssion alnd atf clasi o SELLER shall exhibit evidence satisfactory to $UYER of such termination. SELLER shall furnish copies of al(leases and agreements between Tenants and SELLER and this offer (__.) is (r.) is not subject to BUYER approving said teases and agreements by (date) ~ 20 18, REMEriIE5 OFTHE P ES . I=ORBEITURE -FORECLOSURE • REALESTATE COMMISSIONS, n. If SELLER fails to ful l th(s Agreement, SELLER will pay to $roker tlta professional service fee (if any) in full as stated in the Exclusive L ling Agreement or other written commission agreement corresponding to the property, and BUYER shall have the righ w Gave a!i payments returned ur to proceed by an act( or actions at law or inequity. b. If BUYER fails to fulfill this greetnent, BUYER wit! pay to Broker the profes tonal service fee (if any} .in full as stated within the BUYER Ag y Agreement or other written commission agr ment and all payments by BUYER may he forfeited and retained by LLBR as provided iv the Coda of Towa. a In addition to the foregoing remedy s. BUYER and SELLER each shall bee 'tied to any and alt other remedies, or actions ut law or in eguity, includin foreclosure, And the party at fault s all pay costs and altarney fees, and a receiver may be appointed. 19. COURT APPROVAL. If the property is an as et of any estate, trust, conservato -ship, or trecivership, this contract shall be subject to Court approval, If nee ttry, the protnpdy and diligently to bring the r appropriate fiduciary shall proceed used. Tf this contract is not so approved by the v 1 n this event, a Court Officer's Deed shall be _ day of 2U ,either parry may declare this contract null an void, and all paym is made here under shall be returned. 2Q, DEED. Upon payment of purchase price, SELLER shat •onvey lifts to B yers or their assignees byWarrart deed, free and clear of II and encumb nces, reservations, exceptions or modifications except as the instrument otherwise expressly provides, Afl anties s all extend to time of acceptance of this offer, with special twarranties as to acts of SELLER up to time of derive of der 2I. GENERAL PROVISIONS, In ttte performance of each part of 's a Bement, time shat I be of the essence. This Agreement shu[1 be binding on and inure to the benefit of the heirs, executors, inistrators, assigns and s~rccessnrs in interest of the respective parties. This Agt'cement shall survive the closing. Para h headings arc for the convenience of reference and shall not limit nor affect the meaning of this Agreement. Words a p es herein, including any acknowledgement het'c- of, shall he construed as in the singular or plural number, and as t sculin feminine or neuter gender; according to the con- text. 22. NOTICE. Any notice required under this Agreement shall be d erred delive d when it is received either by hand delivery, • facsimile, electronic communication ar certified mail. Person designated fort pipt of any notice shall be SELI.,ER(s) and BUYER(s) at the addresses set forth below or their BROKE Agent. Eiectroni or facsimile transmission sent to the other party or to the appropriate BROKER, followed by plectron' or faxed acknowledg ent of receipt, shall Constitute delivery of sighed document. Z3, ENTIRE AGREEMENT. Th(s document contains the fire agreement of the party nd supersedes all prior Otfets with respect to the property. This Offer may be modified o by a written agreement signed nd dated by both parties. 24. MEDIATION. In the event of a dispute, BUY13R a SELLER agree to consider tnedis' n as an alternative to initiating legal action. The mediation will be catducted itt a ordance ~vith the rules and procedures f a mutually agreed mediation service. Even when tatilizing mediation, parties to y still seek legal remedies. 2S, OTHI/R I'RO'VISIONS. All otEter provisions, ' any, shall be by addendum or amendment to is Agreement. 26, INDEhINITY; Jf a mutual mistake regardin to tights and obl(gatinns of the parties is discove after Closing, drat mis- take shall be corrected by a mutual agreeme If the error is a monetary mistake, it is to be assess d and immediately col- lected fintn the party or9giaaily legally lie p, 27. ADDITIONAL PROVISYONS.This ~trnhnca ~...,..,.,,...,.~~ ~ _ _ BUYER(.)-~~ ,and SLLLfiR(s) ,:uknow)ndgo they have tend thts page. {Initials) (lniti:ds) PagC 6 0! 7 2l1. ACCEPTANCE. When accepted, this offer shah become a binding contract for the sale and purchase oP the above described property anti the profassiapal servitx fee(s) shall bt: due to the Agent(s) in accardtutcc with the Exclusive Listing Agreement, BUYER. Agency Apnament ar other written commission agreement, between either party and their Agent(s), This t~ifer shalt trot negate or change any of the conditinns or terms of said Agrcctnent(s), wlrich, by thlsreference, shalt remain jn f'up force and effect through fire closing, if this oifcr is not accepted by SELLER nn or before ,~: to~Cl~R ~vithout3inbility on the part of said Agent(s) to eIthe~r parity, utI and void and the initial paymeot shall be repaid. ~, ~ BCIYER This oi'fer is accepted (A.Ivl.. P.M., Noon) PIICINS FOR IIVF4RMATlON ONLY. SELLER ACl'{NOWLEDGES 12ECEIPT OF THE OAR (1NCl'tAL.S) The SGLLF.R5 is this trnnsactIon arcrcprescnted by: N $• tAgent/Brakeroge Narncs} 1'tre B DYERS in this transaction are rcptesr:nted by: E• {AgtnUl3rokmage Names} liTlYiiR'S Attorney SFLI.>JRS Attorney F9X: _ Abstrnot lacatian Fax: _ Mnt'tgngo with This is a legally bindittg contraet.lf of understood, consult with the lawyer of your choice, Receipt of a copy of th}s agreement 1s acknowledged by the p riles hereto. tiUYER(s)_T~, and SBt.1,CR s) ( nit als) ( acknowledge they have rand this page. (Initials) Pngc 7 of 7 rti'+rdr A/D9 Purchase and Sale Agreement Page 1 COUNTEROFFER TO: VAN METER INDUSTRIAL, INC. ("Buyer"). The City. of Iowa. City, Io a, a municipal eorporapon {"City"), maces the: following Counter-Offer to the CammerciaUNon-Rasidenti Offer for Real Estate dated March 24, 2010. 1. Change in puc~hase pri e: • 1138o+eoo.~'~ D~ 2. Change in possession date. June 15, 2010. 3. Seller Contingency: a. This counter-offerand t e City's obligations under t s agreement are contingent upon forma] approval of the City Coun 'far Iowa City, pursuant Section 364.7 of the Cade of Iowa. b. This counter-offer is cant ent on Buyer exccutin an agreement to satisfy the conditions of We FAA.release that allows t e City to sell the pro rly. 4. All other terms of the Commercial/Not~R~ remain the same. 5. This Counter-Offer shall expire at 4:00 p.m. al Off for Real Estate dated March 24, 2010 shall as ~ ~' l a. p A E. Acc,~pted this ~~ day of ~,P~'% ~- I0. The City of Iowa to the City's counte Q Date /ACCEPTANCE ty ("City") accepts t E ffer set forth above. CITY OF IOWA CITE By: Da e Hells , T Buyer's counter ~WA SELLER f' terim Ci y Manage' i ^~ Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 10-433 RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND VAN METER INDUSTRIAL, INC. FOR LOT 10 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH AND RESCINDING RESOLUTION NO. 10-260. WHEREAS, The North Airport Development Subdivision includes commercial lots which have been marketed for sale to the general public; WHEREAS, the City has negotiated a purchase agreement with Van Meter Industrial, Inc. for $380,000 that requires City Council approval; WHEREAS, in Resolution No. 10-260, Council approved said purchase agreement but the resolution and the published notice of the public hearing on the proposed sale contained an inaccurate legal description of the property; and WHEREAS, following public hearing, the City finds that said purchase agreement should be approved and that the property should be conveyed in accordance therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The purchase agreement for Lot 10 in the North Airport Development Subdivision with Van Meter Industrial, Inc. is approved. 2. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute all documents necessary to dispose of said property in accordance with said purchase agreement. 3. Resolution No. 10-260 is rescinded. Passed and approved this 11th day of October , 2010. MAYOR ATTEST: ~~~ ~ - CITY C RK Approve by City Attorney's Office Resolution No. 10-433 Page 2 It was moved by wris;ht and seconded by (:hamni nn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~- x x' x X ~_ x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc Michael A. Mauro y~Ptc or ~o~,' Secretary of State :.... W pf~'gq~ of y` State of Iowa 28E Agreement FILED WI N M 504020 0 0 11/3/2010 4:45:52 PM LL PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 City of Solon City Johnson Party 3 Party 4 Party 5 not in Iowa Item 2. The type of Public Service included in this agreement is: 0 Unknown Service Type (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) 28E agreement between the City of Iowa City, Iowa, and the City of Solon, Iowa for the provision of Animal Care Services (Res#10-434) Item 4. The duration of this agreement is: (check one) ^Agreement Expires mindefinite Duration [mm/dd/yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) m NO ^ YES Filing # of the agreement: (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www.sos.state.ia.us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Assistant Department Administrative Assistant Email kellie-tuttle(a~iowa-city.orq Phone 319-356-5043 Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 10-434 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF SOLON, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. WHEREAS, Iowa City provides animal care services and operates a facility for the provision of said services; WHEREAS, Iowa Code Chapter 28E (2009) permits state and local governments to make efficient use of their resources and powers in order to provide joint services; WHEREAS, the City of Iowa City and the City of Solon have negotiated the terms of a 28E Agreement for the Provision of Animal Care Services, a copy of which is attached; and WHEREAS, it is in the interest of the City of Iowa City to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest two (2) originals of the Chapter 28E Agreement for the Provision of Animal Care Services, a copy of which is attached, between the City of Iowa City, Iowa and the City of Solon, Iowa. 2. The City Clerk is directed to file said Agreement in the office of the Secretary of Sate as provided in Iowa Code section 28E.8 (2009), as amended. Passed and approved this 11th day of October , 2010. ~~ MAYOR ATTEST: -~ 9 CITY LERK Approved by <ZtiSS~~~} (r ~ ~- ~v ~ l~ CI City Attorney's Office Resolution No. 10-434 Page 2 It was moved by M; ms and seconded by t~,-igt,r the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~_ Bailey ~_ Champion x Dickens x Hayek x Mims x Wilburn ~_ Wright wpdata/glossary/resolution-ic. doc IOWA CODE CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE CITY OF SOLON, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES This agreement is entered into between the City of Iowa City, Iowa ("Iowa City"), and the City of Solon, Iowa ("Solon"). WHEREAS, Iowa City provides animal care services and operates a facility for the provision of said services ("animal center"); WHEREAS, Iowa City is willing to provide animal care services to Solon; and WHEREAS, Iowa Code Chapter 28E (2009) permits local governments to enter into agreements for the joint services and facilities. NOW, THEREFORE, Iowa City and Solon agree as follows: 1. Term. This agreement shall be effective when approved and signed by the parties and filed with the Iowa Secretary of State as provided in Iowa Code section 28E.8. The duration of this agreement shall be perpetual unless terminated in the manner set forth below. 1.5 Definitions. "Animal care services" means housing and medical care, including but not limited to spay, neuter, microchip, and euthanasia, as needed. Iowa City shall provide no field services to Solon except as provided below in the paragraph entitled "Additional Services." "Solon animal" means an animal found within the incorporated city limits of Solon. "Severely sick or injured" means in need of immediate medical attention as determined by Iowa City. "Solon City Official" means the City Administrator or authorized designee. 2. Fee for Animal Care Sheltering Services. Iowa City shall provide animal care services to Solon based on the following fee schedule: Boarding Fees $150.00 for each live domestic animal regardless of the number of days that service is provided $200.00 for each "prohibited" animal, as defined in the City Code of Iowa City, or livestock regardless of the number of days that service is provided No Boarding Fee shall be charged for a dog or cat that is reclaimed pursuant to Paragraph 6 below. Quarantine Fees (in addition to Boarding Fees) $200.00 for each 10 day quarantined animal. $75.00 for each 3 day quarantine period when animal will be euthanized Other Fees (in addition to Boarding Fees) $75.00 for preparation and transport of rabies sample $25.00 for dead domestic animal disposal Travel Fee Solon shall pay for Iowa City's staff time to respond to a call based on Iowa City's actual cost of wages plus benefits calculated to the nearest quarter hour beginning when the Iowa City employee leaves the animal center and ending when the Iowa City employee returns to the animal center. In addition, Solon shall reimburse Iowa City for mileage based on the Internal Revenue Service optional standard mileage rate used to calculate the deductible costs of operating an automobile for business purposes. The fee schedule will be reevaluated by Iowa City each fiscal year beginning July 1, 2011. Beginning December 1, 2010, and from year-to-year thereafter, Iowa City will notify Solon in writing of any proposed modifications of the fee schedule effective the following July 1. Solon reserves the right to terminate this agreement based on a refusal to accept any proposed modification of the fee schedule within sixty (60) days of any proposed modification. If the fee schedule is modified, the parties shall amend this agreement accordingly by the following July 1. Iowa City agrees to invoice Solon quarterly for animal care sheltering fees, and Solon agrees to pay said invoices within thirty (30) days of receipt of the same. There is no limit to or cap on the number of days that an animal will remain in the animal center. Solon may inquire at any time into the status of any animal, including the basis for the duration of the stay. 3. Acceptance of Animals A. Generally. Iowa City agrees to accept any Solon animal presented to it by any Solon City Official, except as noted below. B. Sick/Injured. Iowa City shall not accept a severely sick or injured animal after regular business hours. A severely sick or injured animal subsequently determined to be stable by a veterinarian will be accepted during regular business hours. C. Prohibited. Iowa City may accept animals that are prohibited by Iowa City Ordinance (e.g., monkeys and alligators) on a case by case basis depending on species and needs. In such cases, Solon shall be charged the animal care sheltering fee for each animal exotic animal or livestock animal accepted. D. Housing_Offsite. If an animal needs to be housed offsite due to, for example, the impoundment of a large number of animals, the type of species, or the specific needs of the animal, acceptance of that animal will be determined by Iowa City at its sole discretion. If the animal is accepted and housed offsite, Solon will promptly pay the actual costs of housing upon being provided written documentation, including but not limited to any vet bills and boarding cost. E. Ownership. Solon shall not claim any ownership interest in any animal and shall not retrieve or pick-up any animal from the animal center without Iowa City's prior authorization. F. Records. Iowa City agrees to keep, in addition to its regular records if necessary, an additional record or registry identifying any individual citizen responsible for either reporting or presenting any domestic animal to the animal shelter. Said record or registry shall include the name, address, and telephone number of each such individual citizen. Iowa City further agrees to notify Solon if the same individual citizen reports or presents more than three (3) domestic animals per quarter within three (3) regular business days of the third report or presentation. 4. Quarantine. A. Known Owner. In cases of animal bites, where no current rabies vaccination is on file and quarantine is required by law, the parties agree that it is the owner's responsibility to quarantine the animal at a state licensed facility approved by the Johnson County Health Department. If the owner refuses, Solon may quarantine the animal at a state licensed facility approved by the Johnson County Health Department. If Solon elects to have Iowa City quarantine the animal, Iowa City may do so at any state licensed facility approved by the Iowa City animal services supervisor or designee, and Solon further agrees to pay all fees related to the quarantine regardless of where the animal was confined. Animals with current rabies vaccination status that do not pose a threat to the general public and can be adequately confined may be quarantined at the owner's home for a period of 10 days from the start of quarantine. B. Stray Animals. All stray biting animals with unknown rabies status will be quarantined at a state licensed facility, and Solon will pay all fees related to the quarantine regardless of where the animal was confined. Fractious or feral animals with no traceable identification will be evaluated by Iowa City for testing and euthanasia in accordance with Iowa state law. 5. Policies. All animals will be subject to the policies of Iowa City, including but not limited to Quarantine Procedure, Holding and Impound Procedure, Adoption Procedure, Euthanasia Procedure, and Emergency Medical Procedure. 6. Reclaim. All animals reclaimed by Solon residents that do not have microchip identification will be implanted with a microchip and the owner or custodian must pay all related fees prior to any animal being released from the animal center. 7. Additional Services. A. Solon may request that Iowa City transport dead animal samples for rabies testing to Oakdale Hygienic Laboratory. 3 B. Solon may request that Iowa City provide field services for cases of animal welfare, neglect, cruelty, or aggressive biting animal investigation. C. Iowa City reserves the right to decline to perform said services based on staffing, animal center constraints, or the need to perform services for Iowa City. D. At Iowa City's request, Solon shall provide, at the location of a pickup, a Johnson County representative who can exercise within unincorporated Johnson County the authority pursuant to which the animal is being impounded. E. Iowa City shall provide at no charge a quarterly report identifying each "Solon animal" housed in the animal center. Solon may request additional reports subject to a reasonable fee for the cost of preparing the same. ' 8. Animal Center. Nothing in this agreement should be construed to provide Solon the right to otherwise use, control, or occupy the animal center, and the parties further agree that the operation, management and control of the animal center is the sole responsibility Iowa City. 9. Termination. Either party may terminate this agreement for any reason or no reason at all upon thirty (30) days written notice to the other party. 10. Administrator. The Operations Manager of the Iowa City Animal Services Division will administer this agreement and the services enumerated herein. 11. Notice. Notice by Iowa City to Solon must be in writing and addressed to: City Clerk, City of Solon, 223 South Iowa St., Solon, Iowa, 52333. Notice by Solon to Iowa City must be in writing and addressed to: City Clerk, City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, 52240. Notice is sufficient if delivered by regular mail. 12. Indemnification/Hold Harmless. Each party agrees to release, indemnify and hold the other party, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorney fees, and expenses incidental thereto, that may be suffered by, or charged to, the party by reason of any loss or damage to any property or injury to or death of any the person arising out of or by reason of any breach, violation or non-performance by the other party or its servants, employees or agents of any covenant or condition of this agreement, or by any act or failure to act of those persons. Iowa City shall not be liable for its failure to perform this agreement or for any loss, injury, damage or delay of any nature whatsoever resulting there from caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Iowa City's control. 13. Waiver. The waiver by either party of any covenant or condition of this agreement shall not thereafter preclude such party from demanding performance in accordance with the terms of this agreement. 14. Severability. If a provision shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this agreement, the entire agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 15. Entire Agreement. This agreement sets forth all the covenants, promises, agreements, and conditions between Iowa City and Solon concerning animal care services, and there are no other covenants, promises, agreements or conditions, either oral or written, between them. This agreement may not be modified or amended in any manner except by an instrument in writing executed by the parties. CITY OF IOWA CITY Dated this 11th day of October , 2010. By: ./ ~ ~ Mayor Attest: r.~-~-~~ /\ - ~`~~ City Cler ~1~~C0'V~d ey ~ ~ /C~ - ~o `(G ~~r ^ r - ~------- ~ity Attorney's t~fff~e CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~ ~ ~~ day of ~ L~ ~~' ~ ~ , 2010, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. g a~,:,%~~ KEI_LIF_ K. TUTTLE Az ~~ Cornmis~ion i~lumber 221819 ~~., P~Ay''o.. m~~s. ~ Expires Notary Public in and for the State of Iowa CITY OF SOLON Dated this ~ day of ~G %~ :3~2 , 2010. ~~~ By: ~ Mayor Attest: ` ~ ~ City Administrator 6 CITY OF SOLON ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this _~_____ day of ~_~~~~ , 2010, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Rick Jedlicka and Cassandra Lippincott, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Administrator, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~~ Notary Public in and for the State of Iowa Commission ID No. 742779 ^y Commission Expires 09113120 ~ 7 10-11-10 r ^.!,~„®~~ C I T Y O F IOWA CITY 13 ~'~.~~'`' ~ M ,~®.,~ RA ~ D ~ ME~C) Date: October 6, 2010 To: City Council From: Misha Goodman, Supervisor Animal Services Re: Solon Animal Sheltering Contract Iowa City Animal Care and Adoption Center is operated by the Iowa City Animal Services division. The Center has been providing animal sheltering for Johnson County since at least the early 70's. The community has become accustom to using the Center not only for stray animal intake and reclaim of their lost pets, but as a resource for information with regard to enforcement codes, animal issues, educational programs, adoption of animals, licensing, spay and neuter and training. In 2007, Johnson County sent a letter to all the incorporated cities within its jurisdiction stating that all cities would now be responsible for the cost of animal sheltering and that the County would no longer pay for any animals from those incorporated areas. Animal Services has been working on a number of contracts with these cities over the past few years. We currently have 28E agreements with Johnson County and Coralville. The Animal Services division takes in an average of 25 animals per year from the City of Solon. Although this is not a large number compared to other municipalities, it is a number that comes at a cost to Iowa City. Under the proposed contract, Solon will pay for each animal that is brought into the Center under their authority and approval. The cost per animal will be $150.00 flat fee. Solon may request additional service for welfare investigations and bite quarantine at additional cost spelled out in the agreement and subject to Animal Services supervisor approval. MaJ - - 14 Prepared by: Kris Ackerson, JCCOG, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 10-435 RESOLUTION SUPPORTING THE TERRY TRUEBLOOD RECREATION AREA PROJECT AND AUTHORIZING THE MAYOR TO SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT WHEREAS, the City of Iowa City has heretofore acknowledged the importance of developing this park and recreation area; and WHEREAS, the City of Iowa City recognizes the unique potential and benefit of said project for the citizens of Iowa City and beyond; and WHEREAS, the City Council has appropriated $6,554,412 in General Obligation Bonds and the General Fund to assist with the acquisition and development of this unique area; and WHEREAS, the Iowa Department of Economic Development has grant funds available through the "River Enhancement Community Attraction and Tourism (RECAT)" program; and WHEREAS, the City of Iowa City has prepared a grant application in the amount of up to $2,000,000 for submission to the Iowa Department of Economic Development which now requires approval and directive by the City Council; and WHEREAS, said grant funds up to $2,000,000 will reduce the General Obligation Bond funds dedicated to complete said project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the above-described "RECAT" grant application has the support of the City Council, and the Mayor is authorized to sign the application for funding. Passed and approved this ~ i th day of October , 20 i o ~~~- ,. MAYOR Ap roved by ATTEST: ~ ~ ~. . '' CLti - /c~-...~ C TY RK City Attorney's Office r v ~ ~-~ f I ~ It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey ~- Champion x Dickens ~_ Hayek x Mims g Wilburn x Wright '~ Prepared by: Kris Ackerson, JCCOG, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. RESOLUTION SUPPORTING THE TERRY TRUEBLOOD RECREATION AREA PROJECT AND AUTHORIZING THE MAYOR TO SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT WHEREAS, the City of Iowa City has heretofore acknowledged t e importance of developing this park and recreation area; and WHEREAS, the City of Iowa City recognizes the unique potenti and benefit of said project for the citizens of Iowa City and beyond; and WHEREAS, the City Council has appropriated $6,554,412 in eneral Obligation Bonds and the General Fund to assist with the acquisition and developmen of this unique area; and WHEREAS, the Iowa Department o conomic Develop ent has grant funds available through the "River Enhancement Community A raction and Tour' m (RECAT)" program; and WHEREAS, the City of Iowa City has repared a rant application in the amount of up to $2,000,000 for submission to the Iowa epartme t of Economic Development which now requires approval and directive by the City uncil; nd WHEREAS, said grant funds up to $2,000,OO~ill reduce the General Obligation Bond funds dedicated to complete said project. NOW, THEREFORE, BE IT RESOLVED B TH CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the above-described "R AT" gr nt application has the support of the City Council, and the Mayor is authorized to si the appli tion for funding. Passed and approved this der of 20 MAYOR ATTEST: CITY CLERK It was moved by adopted, and upon roll AYES: by City Ai~orney's Office ~ v / ~~ / l u and seconded by the F~olution be there were: • - • ~:=- ~:~:> _~ ,~ y NAYS: ABSENT: ~ -- - ~~ - --~ -~ Bailey _ ^ ,. 0.m.. -r, Champio]i ~ Dickens :~== Hayek _ Mims Wilburn Wright M-~~ Prepared by Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 10-436 RESOLUTION APPROVING FUNDING FOR THE PAPER NEST FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of Iowa City has a Community Development Block Grant (CDBG) funded Economic Development Fund; and WHEREAS, the CDBG Economic Development Fund was approved within Iowa City's 2006- 2010 Consolidated Plan (CITY STEPS), as amended, as well as the FY09 Annual Action Plan, a subpart of CITY STEPS, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has disseminated information and the Iowa City City Council Economic Development Committee held a public meeting to discuss said project; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that the project submitted by the Paper Nest be allocated $11,000; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that these funds be in the form of a partially secured, seven-year (7 year) amortized loan with an interest rate of 1 %; and WHEREAS, the City Council finds that the public interest will be served by an allocation of CDBG funding for said project as the business qualifies as amicro-enterprise. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is hereby authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 2. The City Manager is authorized to execute, terminate or amend an agreement(s) with the Paper Nest for activities in connection with this allocation of public funds. Passed and approved this 11th day of October , 2010 ATTEST: ~ l•~.z~~ - °~ ~-~ TY -ERK ~~ „ MAYOR Approved by City Attorney's Office -`~ f ° J, ppdcdbg/res/papernestfu nds. doc Resolution No. 10-436 Page 2 It was moved by ~ Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x X X ~- x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc ~ 1 r CITY OF IOWA CITY 15 ~~.®~r~ ~~~~~ ~ ~E~CJR Date: October 1, 2010 To: City Council From: Tracy Hightshoe, Associate Planner Re: CDBG Economic Development Funding Recommendation The Paper Nest Applicant, Elizabeth Munger, is requesting funds to expand a retail custom print and design company in Iowa City. The owner opened the business last year from her home with sales totaling over $3,000. She is looking for a commercial space to expand the business. The expansion will allow her to showcase her products, space to consult with customers and to expand her inventory. The business offers quality printing and bookbinding paper and tools as well as custom stationary such as wedding invitations and business cards. The owner graduated from the University of Iowa with a BFA in Printmaking and received a graduate certificate from the Center of the Book, University of Iowa, in 2009. The applicant proposes to lease 600 SF of space from Beadology Iowa at 220 E. Washington. Beadology is a retail store specializing in beads, tools and beadwork supplies. Beadology offers custom jewelry, complete jewelry repair and offers various classes. The applicant hopes to increase foot traffic for her business and will partner with Beadology for some business services and marketing endeavors. The business qualifies as amicro-enterprise under the Community Development Block Grant program. Job creation/retention is not required under micro-enterprise assistance. The owner estimates she will need $22,000 to expand her business. The applicant secured an $11,000 loan with MidWestOne. The owner requests $11,000 in CDBG funds for working capital. The Council Economic Development Committee recommended an $11,000 loan at 1 % interest for a maximum term of 7 years. The loan will be partially secured by a lien on the owner's personal vehicle. Due to the quality of the business plan, prior experience and education in printing and bookbinding, and a history of paying loan obligations, the committee recommended funding this business expansion even though the loan will not be fully secured. ~ u-~ ~ -~ u ~~~' 16 Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 10-437 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT AND THE AFSCME PAY PLAN BY ADDING ONE HALF-TIME PLANNING AND COMMUNITY DEVELOPMENT CLERK POSITION (AFSCME GRADE 4) AND ELIMINATING ONE HALF-TIME PUBLIC INFORMATION ASSISTANT -PCD POSITION (AFSCME GRADE 8). WHEREAS, Resolution No. 10-65 adopted by the City Council on March 2, 2010, authorized budgeted positions in the Planning and Community Development Department for FY11; and WHEREAS, Resolution No. 10-268 adopted by the City Council on May 10, 2010 established a classification/compensation plan for AFSCME employees; and WHEREAS, The Planning and Community Development Department's Public Information Assistant has been responsible for publications, media releases and other public outreach efforts as well as clerical duties; and WHEREAS, The recent filling of an open position in the City's Document Services Division has allowed for these public information duties to be fulfilled by the Document Services Division; and WHEREAS, Staff is recommending the half-time position be reclassified from Public Information Assistant Grade 8 to Planning and Community Development Clerk Grade 4. The position will still be responsible for clerical duties within the Planning and Community Development Department. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Planning and Community Development Department be amended by: 1. The addition of one half-time Planning and Community Development Clerk position, pay grade 4. 2. The deletion of one half-time Public Information Assistant -PCD, pay grade 8. The AFSCME pay plan be amended by: 1. The addition of the position Planning and Community Development Clerk, grade 4. 2. The deletion of the position Public Information Assistant -PCD, grade 8 Resolution No. 10-437 Page 2 Passed and approved this 11th day of October , 201 ~_ ~~~.~ ,. MAYOR ATTEST:_~~~-~~~~ 9S - ~C~~ CITY tERK App oved by City Attorney's Office ~~ /~ /tom It was moved by Wilburn and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: X X X NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright ppddi r/res/PC D-.5CIe rkPosition.doc ~-~ Prepared by Linda Kopping, Senior Center Coordinator, 410 E Washington St., Iowa City IA 52240 319-356-5225 RESOLUTION NO. 10-438 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE SENIOR CENTER DEPARTMENT BY INCREASING ONE MAINTENANCE WORKER I -SENIOR CENTER POSITION FROM .81 FTE TO 1.0 FTE. WHEREAS, Resolution No. 10-65, adopted by the City Council on March 2, 2010, authorized budgeted positions in the Senior Center for FY11; and WHEREAS, in FY00 the Center received budget authority for two permanent, full-time maintenance employees, an MWI and MWIII, in order to provide necessary custodial and maintenance services; and 17 WHEREAS, in FY02 the Center entered into a cooperative agreement with City Cable to provide 0.19 FTE MWI coverage in exchange for professional support for Senior Center Television ;and WHEREAS, in FY03 the Finance Department split the MWI position between City Cable Television (0.19 FTE) and the Center (0.81 FTE), leaving the responsibility for hiring, supervising and evaluating of the MWI with the Center; and WHEREAS, visits to the Center have increased by 30,000 since fiscal year 2000, Center memberships have doubled, and evening and weekend programming increased from an occasional special event to nearly 60 scheduled events each month, it has become impossible for the Center to provide the level of maintenance service needed by City Cable Television without compromising Center maintenance and security; and WHEREAS, the Center requires a minimum of two full-time maintenance positions to successfully meet the custodial, maintenance, program, and security needs resulting from current usage; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Senior Center be amended by increasing one Maintenance Worker I -Senior Center position, AFSCME grade 1, from .81 FTE to 1.0 FTE. Passed and approved this 11th day of October 2010 ~ ~' - Mayor ATTEST: ~f o--u-~~ ,~ City C erk City Attorney's Office Resolution No. 10-438 Page 2 It was moved by Mims adopted, and upon roll call there were: AYES: X ~- x x x x x and seconded by Champion the Resolution be NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc M~ ~$ Prepared by: Bob Hardy, Cable TV, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5047 RESOLUTION NO. 10-4~9 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CABLE TV DIVISION OF THE ADMINISTRATIVE OFFICES DEPARTMENT AND THE AFSCME AND ADMINISTRATIVE PAY PLANS BY ADDING ONE FULL-TIME GOVERNMENT PROGRAMMER POSITION (AFSCME GRADE 9) AND ELIMINATING ONE CABLE PRODUCTION COORDINATOR POSITION (ADMINISTRATIVE GRADE 26). WHEREAS, Resolution No. 10-65, adopted by the City Council on March 2, 2010, authorized budgeted positions in the Cable TV Division of the Administrative Offices Department for FY11; and WHEREAS, Resolution No. 10-268, adopted by the City Council on May 10, 2010, established a classification/compensation plan for AFSCME employees; and WHEREAS, Resolution No. 10-270 adopted by the City Council on May 10, 2010 established a classification/compensation plan for Administrative employees; and WHEREAS, the Cable Administrator's position having been restored to full-time status has eliminated the need for the Production Coordinator's role in Division management; and WHEREAS, on review of the position the senior level production related responsibilities of the Production Coordinator continue to be vital to the effective and efficient operation of the Division; and WHEREAS, it has also been determined that the Cable Division would best be served by the elimination of the Production Coordinator position and the addition of the senior level media production position of Government Programmer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The budgeted positions in the Cable TV Division of the Administrative Offices Department be amended by: a. The addition of one full-time Government Programmer, pay grade 9. b. The deletion of one full-time Cable Production Coordinator, pay grade 26. 2. The AFSCME pay plan be amended by the addition of the position Government Programmer, grade 9. 3. The Administrative pay plan be amended by the deletion of the position Cable Production Coordinator, grade 26. Passed and approved this 11th day of October , 20 10 ATTEST: ~~Ie2~~~c-~ 1~ CITY ERK ~~~~ MAYOR Approved City Attorney's Office wpdata/cablety/res/govprog.doc Resolution No. 10-439 Page 2 It was moved by wrieht _ and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X ~- X x x X ~_ Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc ~+~ 19 Prepared by: Dave Panos, Project Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5145 RESOLUTION NO. i n-440 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE DODGE STREET RESURFACING PROJECT STPN-1-5(94)--2J-52. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation for reimbursement of costs to resurface a portion of Dodge Street during the FY 2011 Asphalt Resurfacing Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 11th day of October 20 10 ~ ~ MAYOR ATTEST: ~ ~ ~- CITY ERK It was moved by Wilburn and seconded by adopted, and upon roll call there were: AYES: x X x x x ~- x NAYS: Appr ed by ~v~/~a City Attorney's Office Dickens the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Pweng/res/dodge-resurface. doc March 2010 IOWA DEPARTMENT OF TRANSPORTATION Cooperative Agreement For Primary Road Project County City Project No. Iowa DOT Agreement No. Staff Action No. Johnson Iowa City STPN-1-5(94)--2J-52 2011-16-017 S-2011-0298 This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the city of Iowa City, Iowa, a Local Public Agency, hereafter designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The LPA proposes to establish or make improvements to Iowa 1 within Johnson County, Iowa; and The LPA and the DOT are willing to jointly participate in said project, in the manner hereinafter provided; and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1. Project Information a. The LPA shall be the lead local governmental agency for carrying out the provisions of this agreement. b. All notices required under this agreement shall be made in writing to the DOT's and/or the LPA's contact person. The DOT's contact person shall be the District 6 Local Systems Engineer. The LPA's contact person shall be the City Engineer. c. The LPA shall be responsible for the development and completion of the following described primary highway project: Iowa 1 (North Dodge Street) will be Hot Mix Asphalt (HMA) resurfaced from the intersection with Burlington Street to the intersection with Governor Street. d. The DOT has requested to include 3-inch milling and resurfacing on Iowa 1 in the LPA's larger Iowa City group project. See Exhibit A for costs and Exhibit B for location. 2. Project Costs a. The LPA will bear all costs except those allocated to the DOT under other terms of this Agreement. b. The DOT shall reimburse the LPA an estimated $625,000 for Division 2 costs no sooner than July 1, 2011. The amount paid by the DOT upon completion of construction and proper billing by the LPA will be determined by the actual quantities in place and the accepted bid at the contract letting. 3. Environmental, Right-of-Way, Permits and Other Requirements a. The LPA shall be responsible for obtaining any necessary permits from the DOT, such as the Right to 2011-16-017_1 owaCity.docx March 2010 Occupy and/or Perform Work Within the Right-of-Way, Permit of Access, Utility Accommodation, Right to Install and Maintain Traffic Control Devices, or other construction permits required for the project prior to the start of construction. Neither the approval of funding nor the signing of this Agreement shall be construed as approval of any required permit from the DOT. b. The LPA shall obtain all project permits and / or approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, or other State or Federal agencies as may be required. c. If there is a railroad crossing within or near the project work area, the LPA shall obtain the necessary approvals or agreements from the railroad to allow the proposed work to be completed on or around the railroad crossing and / or right-of-way. If the project requires utility relocations, subject to the approval of and without expense to the DOT, the LPA agrees to perform or cause to be performed all relocations, alterations, adjustments or removals of existing utility facilities, including but not limited to power, telephone lines, fiber optics lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water intakes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the project and the clear zone. All utility relocations shall be accomplished in accordance with the DOT's Utility Accommodation Policy, as set forth in 761 Iowa Administrative Code, Chapter 115. e. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood. Insurance - Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the FIS to the DOT. 4. Project Design a. The LPA or its consultant shall be responsible for the design of all proposed improvements. b. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a Professional Engineer licensed to practice in the State of Iowa. c. All proposed highway or street improvements shall be designed using good engineering judgment and the American Association of State Highway and Transportation Officials (AASHTO) "Policy on Geometric Design of Highways and Streets", (latest edition). d. The project design shall comply with the "Manual on Uniform Traffic Control Devices for Streets and Highways", by the Federal Highway Administration, as adopted by DOT, as per 761 Iowa Administrative Code, Chapter 130. 5. Bid Letting a. The LPA shall submit the plans, specifications, and all other contract documents for review and approval prior to letting by the LPA. The project may be submitted for letting in phases, in the order of preference as determined by the LPA. The DOT shall review said submittal(s) recognizing the LPA's development schedule and shall, after satisfactory review, authorize in writing the LPA to proceed with implementation of the project. 2011-16-017_IowaCity.docx 2 March 2010 b. For portions of the project let to bid, the LPA shall conduct the project bid letting in compliance with applicable laws, ordinances, grid administrative rules. The LPA shall advertise for bidders, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The LPA shall provide the DOT file copies of project letting documents within five (5) days after letting. c. The LPA shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The LPA shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The LPA shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. 6. Construction & Maintenance a. The LPA shall be responsible for the daily inspection of the project, including the compilation of a daily log of materials, equipment, and labor used on the project. b. The LPA shall comply with the procedures and responsibilities for materials testing and construction inspection according to DOT's Materials Instructional Memorandums (I.M.'s) and the Construction Manual. If requested, the DOT may be able to perform some testing services. If performed, the DOT will bill the LPA for testing services according to its normal policy. a. The work on this project shall be in accordance with the approved plans and specifications. Any substantial modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. b. The LPA, in cooperation with the DOT, will take whatever steps may be required with respect to alteration of the grade lines of the new highway facilities constructed under the project in accordance with Iowa Code section 364.15. The DOT and LPA will work together to minimize potential impacts to properties that may occur as a result of the project. c. Subject to the provisions hereof, the LPA in accordance with 761 Iowa Administrative Code sections 150.3(1 )c and 150.4(2) will remove or cause to be removed all encroachments or obstructions in the existing primary highway right of way. The LPA will also prevent the erection and/or placement of any structure or obstruction on said right of way or any additional right of way which is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. d. With the exception of service connections no new or future utility occupancy of project right-of-way, nor any future relocations of or alterations to existing utilities within said right-of-way (except service connections), will be permitted or undertaken by the LPA without the prior written approval of the DOT. All work will be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the DOT. e. New lighting and/or traffic signal construction for this project shall be provided under guidelines established in 761 Iowa Administrative Code Chapter 150. The LPA shall construct traffic signal installations all at no cost to the DOT. If constructed, the LPA shall accept ownership of and responsibility for future energy and maintenance costs of those lighting and/or traffic signal units which lie within the corporate boundaries. f. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without the prior written approval of the DOT. 2011-16-017_IowaCity.docx 3 March 2010 g. After the project construction is complete and prior to final acceptance of the project by the DOT, the LPA shall furnish three sets of "as-built" plans to the DOT's contact person. h. Future maintenance of the primary highway within the project area will be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. 7. Traffic Control a. Iowa 1through-traffic will be maintained during the construction. b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" as per 761 Iowa Administrative Code, Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 8. Payments and Reimbursements a. The LPA shall be responsible for making initial payments for all project costs incurred in the development and construction of the project. After payments have been made, the LPA may submit to the DOT periodic itemized claims for reimbursement for eligible project activities. Reimbursement claims shall include certification by a Professional Engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been paid in full and completed in substantial compliance with the terms of this agreement. b. The DOT shall reimburse the LPA for properly documented and certified claims for eligible project activity costs, less a withholding of 5% of the Federal and / or State share of construction costs, either by state warrant or by crediting other accounts from which payment may have been initially made. If upon final audit, the DOT determines the LPA has been overpaid, the LPA shall reimburse the overpaid amount to the DOT. After the final audit or review is complete and after the LPA has provided all required paperwork, the DOT will release the Federal or State funds withheld. c. Upon completion of the project, a Professional Engineer licensed to practice in the State of Iowa shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of State and / or Federal funds shall be made only after the DOT accepts the project as complete. 9. General Provisions a. The LPA shall maintain records, documents, and other evidence in support of the work performed under the terms of this agreement. All accounting practices applied and all records maintained will be in accordance with generally accepted accounting principles and procedures. Documentation shall be made available for inspection and audit by authorized representatives of the DOT and / or the Federal Highway Administration (FHWA), or their designees at all reasonable times.. The LPA shall provide copies of said records and documents to the DOT upon request. The LPA shall also require its contractors to permit authorized representatives of the DOT and / or the FHWA to inspect all work materials, records, and any other data with regard to agreement related costs, revenues and operating sources. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final amendment /modification to the project in the FHWA's Fiscal Management Information System (FMIS). Upon receipt of such approval by FHWA, the DOT will notify the LPA of the record retention date. b. In accordance with Iowa Code Chapter 216, the LPA shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, 2011-16-017_IowaCity.docx 4 March 2010 pregnancy, or disability. c. 'The LPA shall use positive efforts to solicit proposals or bids from and to utilize Targeted Small Business (TSB) enterprises as consultants or contractors and ensure that the consultants or contractors make positive efforts to utilize these enterprises as subconsultants, subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit C which is attached hereto and by this reference incorporated into this agreement. d. The LPA agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews, and funding participation. e. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. f. This agreement is not assignable without the prior written consent of the DOT. g. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement. h. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. The DOT and the LPA agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration. i. This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to be an original. j. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s); represents the entire Agreement between the LPA and DOT regarding this project. All previously executed agreements will remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2011-16-017 as of the date shown opposite its signature below. CITY OF IOWA CITY: By: ~ "`, -" '~1 ' ~~c..- Date ()G ~~ r- 2Z , 20 /U. Title: Mayor 2011-16-017_IowaCity.docx 5 March 2010 G: i"%Gt~.'~ 1-! . d~cc r- r ,certify that I am the Clerk of the City, and that ,who signed said Agreement for and on behalf of the City was duly authorized to execute the same on the ~~ day of ~G~~~~P_ rr , 20 yo. Signed: City of Iowa City, Iowa. IOWA DEPARTMENT OF TRANSPORTATION: By: .~ ~ Date ' _"~.- , 20 ames R. chnoebelen District Engineer District 6 2011-16-017_IowaCity.docx 6 March 2010 EXHIBIT A Estimated DOT Project Costs OPINirJN Cif PROBABLE CO5TS I=Y :%(771 ASPHALT RESUf~FACINC3 F'f-:(7Ji: CT Oale' E17;'2U10 ITEtrt NO 7TEFA UNIT' I - DiY7576Li '{ fora City Slreers D}vt S701t 2 -Dome Strvef QUANTITY UNIT PRICE I TOTAL COST FTA1A Paving /1?esurfacing ~ .-. ~ ~ .. .. ~ - t GLEAN & PREPARATION OF 6AS£ PiiLE 2:15 t.t7 3.32 4.000.00 S 13,280 UU 2 HMA SURF PAT4''i TUN 80.06 10.(76 9U.DCr 250.40 S '1.2,5UC.UQ 3 PAVEMENT h11L1!NG SY 26,816.0^v _ 21,211.tNJ df1.D27.U0 4.00 b 792.168.46 4 FULL-DCPTN SAw CIJT LF $.3Dd:00 _ 8,3TiU.UO 4.@(} $ 33,2UL'.C7{} 5 , CRACK SSEAI' Ur' F'CC PAV"i SY 74,iDG.00 t:1,70U.f}0 2.OU S 29,4DC.D0 u tiFJA{1M ESRLIBASE, 192° TON 3,E08A0 7,7!id.OU 5,554.00 50Aq S 7.71 agG.00 7 HA,IA (1M ESAL) SURF, t!G'. NO FRIr, TON h-ZS3.4U _ . 3,7:iU.UD 3,963.46 J7.Od S :J8,770.d4 $ PG 58-~8 ASPtE F3INOER TON 40E.'!D 210.iM Ei18.40 SCd7.00 S 309,450.OU rf , PG 04-22 A^aPH FiINllEP. TOP1 7S.tKi 75.Qd 560,Od S 37.500.46 - i0 . FAP,RIC REINFOF3CEMENT SY 920.2? - 92(7.22 3.@U S DO S S 4,ti0t, 70 500 00 3 t'i ASPhiAtT REMOVAL SY 50d.dD 2LY}.U0 700.60 . . . ' t2 HT,IAREPAIR SY 344.04 tOU.DU +1QU,U0 54.00 5 24,L ~iQt7d 73 Gl.AS5 t3 EXCAVATION,UNSUITA~LE CY i 4,id_vd •. - i,rl,5@.~ tU.GU $ '745u .D{t AsAltaltSt.alcoaf `..: 74 COVERAC~k£GATE TON • 7079!X1 - 1AT9OU 40.q@ S 439916-dfl t5 BINDER BITUMEN GAL 21 S64,{}<J - I X1.564 0d ~ 2 S0 ' ' E 6q ro.2d t6 ASPHALT PATCHING GOLD h17X" TON ..... txJ.a.C,O ~ ~ ~ toK ^h, ~ d.OD t s $ La SSC.Oq Wastc+wa{er,Utility ~ ~. ~ - ~ ~ 17 MANHOLE ACJU5TMCN7 ~ ~ EA 22.{;11 ~ ~ ?-7.OD ~ ~ 4y.W - 800.OU 1; 39 eG0.6D tfi REt~AOVAL OF EXISTING 5'rf?UCTURES LS 1.{}0 1.Oq 7.5LXtAU S 7,50C.Ch~ 19 VVATER 1dA1N ADJUSTMENT EA 1:570 - i.00 G,Uf'A.Od 5 ti,dU0.0U ' 2G SANITARY SEINER ADJUSTMENT EA t,Od - 1.00 &,(K~1.UD S 1 6,txi0.0! 21 STORh1 SEWER, St :'-Ot, 84 iF7. M1.tANHOI.E EA t.(xi - 1.04 ?.OOU.Od S 7,00d.Ofl ' " 22 . SLN=i05 STORM SEWER MAN(-IDLE EA t,Cn'1 - 1.ti0 3AOO.Od S ,G1?gA0 s 23 . . MOD7FSE0 SW•StN~ IktTAK[ ER 7.60 - 1.Ud 17.,d04.Uq S 72,rx7G.04 24 , , REBU'~LD INTAKE EA t:~Ci ZAU 6.Od 1a0CI.U4 5 75UGq.00 25 . S'cVJER PIPE, 2UDGD STORM. 48 1U. UtA. _LF n5.fJ7 - 4,.l1D 85.00 5 . , . 3 F25 00 25 RMVL C)F C;URB & GUTTER LF 2,~~7.2U ..^,557 <d :'i.OU S 71 '78G.DU 27 R£P10'JAL ()F PORTLAND CEMENT CONCRETE SY 373.40 382.EU 756.2D 10.00 S 7 562 ^.Lt 28 PCC SiDEWALIi 4" SY 202.00 38.3@ 244 v0 "sD.4U 5 7,^c09.00 23 , , 6" PCC S1DEVIAlf< SY 176.96 382.86 559.70 40.00 $ 22,39/8.66 's6 , , D£-(ECTABLE WARNING PANEL SF 357.OU 928 {ID S,ZBU.DO 35.OG S 44,F~5g r'D 31 GURFS+GUTTGR, PCC. 2.d` LF 2.331.6(; - 2.331.OU 35.6@ 5 87.585.pU 32 CUR73 GR1tJ0ING LF' 1.2C7.D0 12U.OU 14.OD S 1?C/0.40 33 PORTt.AtdD CEMENT CONCRETE t?EPAIR SY 9,881.40 t,6Ft.00 2 Q42.UU t0@.qq S 2&t.2G0.00 34 SU64ASE REPAIR, CLASS A ROADSTGNE TL'N 2,2.46-dG 53.60 2,299.Oq 26.00 S a5,C~8D.dq ' 3S GEOGRID STASlL1iATtON ~ ~ SY 3,116.6( 3.176.00 S.UO S 1R.:696.Ck 1 Trsltir. Control :. .` ~ ~ .. ~'.. - ~ .. 3U PAINTEOF'AV i h7AP.tC. DURABLE . STA 959.90 32.18 2G2.U8 7@.(}U S 14.1-95.66 37 PAINTED SYh1BOL+LEGEND. DURABLE EA 15 CIC ~ 96.(70 I 140..@0 $ 7,240.00 36 TRAFFIC CONTP,OL ~ LS 0..l5 0.23 t.0@ ~•S.OOU.W 5 SS.C;OO.DO 3rr fLAGGER DAY iG4.d0 59.gU 223.OG Z>5,00 S ni,:85.gG Tiaf.'1rCorttraJ - LS 75 6 0 15 7.00 i6U.UUU.dO S iCt7.;OG.OFJ 40 htDBiLtZA PION . . Water Ufi 7lty l tit 1r'JATCR VALVE HDJUSTMENI" .. EA 19..00 - 7~}.Uq 2(}(7.('1!1 S 3,80(7 LiU Tratiic Contra! ` . 47. TEAIPOR.ARY EROSION AND SEDIh1ENT CONTROL LS 0.75 4.25 i 1.Oti 4,784.90 $ <, •'36:90 Oivi,ior,t S 1.B4:i,t2<E98 Divlsiott 2 5 625.955.&3 Total Gpi nlon et Probable Construciion Costs S 2:270,28080 2011-16-017_1 owaCity.docx March 2010 EXHIBIT B DOT Project I_ocat{on ~ _.~~~ 1 1 ~V~~ it K ~ . ~~~;, ~,, ~~~ ~.~; ~ ASPH~IL.T RESURFACING PROJECT ~~~; = . - ~ : ~ \~.-~ -'' i~ CRY COR"iTrACT N0~~75.^d~~TiO - _ _ ~ ~ ~ ~ . . 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I ~ "+`~ y ~_ NM . 1 ~ a y t .. ~ , S.: .~'S,• t `.' ~ l v-r t'Aaa~t ccv a ~n ,.~ ~ ~ :. a ~ F .,.. i f,y~ I~,. ~_} ~ 4.. ~~ !a~rrax c.vay vw[ ca «.a,w+,*, ar.,«..e .a ~~-~ zx «e - 4i'y j 1 i u,a.f R eYx: ~eo» wr.ro.w vu aa~ a as "~ ~~] t f(~1 l `I ~ ~ 1 \ ~ 1 - I ..F.~~ LS- 4~ r .wn mr..a.,.x tic .~..:•.. w *,., st.n >t«.~ ~ 1 111 _ X ~\ .. L•,tlf1`,il° A ~ f ~ ~', ..~.~tLT; ~ ~~ ~ ~ ~ `\~y~..- ~~~!-01 ~~~ ~.LL 3~ l`C~Af~.7S~t.~ ~ fry ---....- -- - , - -~ ._- ~ ..!t ,'.: ~ `~, f-;_ ~ yf - .~... ,~~ _ t ~ J`'' SOU-292$989 ;~ ~* tssro a ' ~ . P 1* ~ ~°P.. ~ ~ y. ~ t _W u . ,. S D3vtS0t7 1 " ~ TOLL FREE ~,, mn ,a~'' ownurf MAY CALL 8EPORE YOU DIO `~' .,.~ dN . n...,~. ~.. --.-........__._ OYERUY r : ~ Y ~ ~ ej ~ ~ ~ ~~ Dlvtsion 2 ,,,...__ .. ~ apt a' u.. an es.Cxaw is+r+'. ox.u ..ar o~ yu: «wq A.t, moa Q..R w+ -s0' l1 2 011-16-017_1 owa C i ty. d o cx March 2010 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) EXHIBIT C In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code (IAC) Chapter 4, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Department of Inspections and Appeals (515-281-7102) or from its website at: http://dia.iowa.gov/page7.html. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on-line at: http://www.dot.state.ia.us/local_systems/publications/tsb_contract_provision.pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. 2011-16-017_IowaCity.docx 9 March 2010 The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, EEO Administrator, Office of Contracts, 800 Lincoln Way, Ames, IA 50010. 2011-16-017_IowaCity.docx 10 March 2010 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non-Federal-aid Projects (Third-Party State-Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ^ YES ^ NO If no, explain 2. Were qualified TSB firms notified of project? ^ YES ^ NO If yes, by ^ letter, ^ telephone, ^ personal contact, or ^ other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ^ YES ^ NO If no, explain 4. Was a goal or percentage established for TSB participation? ^ YES ^ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ^ YES ^ NO If no, what action was taken by Recipient? Is documentation in files? ^ YES ^ NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? What was the final project cost? What was the dollar amount performed by TSB firms? Name(s) and address(es) of the TSB firm(s) Q (Use additional sheets if necessary) Was the goal or percentage achieved? ^ YES ^ NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State-assisted contracts associated with this project. Title Signature Date 2011-16-017_IowaCity.docx 11 M~ 20 Prepared by: Kumi Morris, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 10-441 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NEUMANN MONSON TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FY2011 ELEVATOR MODERNIZATION PROJECT. WHEREAS, the City of Iowa City desires to replace two (2) traction elevators at Capitol Street Ramp, two (2) hydraulic elevators at Dubuque Street Ramp and one (1) hydraulic elevator at the Robert A. Lee Recreation Center; and WHEREAS, a study was done in November 2009 to review the equipment and existing systems and define the estimated cost for replacement of the elevators and the associated plumbing, mechanical, electrical and structural systems; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the FY2011 Elevator Modernization Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Neumann Monson, PC of Iowa City, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Neumann Monson, PC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement in duplicate. Passed and approved this 11th day of October , 20 10 MAYOR ATTEST: ~ ~.-~ ~~ CITY --RK Appr ved by C y Attorney's Office ~/ ~ '~`w/ / U Pweng/res/consulta ntagt-PR-elevators.doc Resolution No. 10-441 Page 2 It was moved by Bailees and seconded by ni rkanc the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~- ~.- x x x X .~- Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. d oc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 11th day of october2010, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Neumann Monson Architects, of Iowa City, hereinafter referred to as the Consultant. Whereas the City intends to replace the aged and damaged elevators at three facilities; The Capital Parking Ramp, the Dubuque Street Parking Ramp, and the Robert A. Lee Recreation Center, and WHEREAS, the City desires to hire Consultant to establish the plans and specifications for said replacement elevators and to sign and seal the construction plans for the Project NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Prepare Construction Documents consisting of Drawings and Specifications setting forth, in detail, the requirements for the door replacement. Assist the City in connection with the City's responsibility for filing documents required for the approval of authorities having jurisdiction over the project. Assist the City in obtaining bids and assist in awarding and preparing contracts for construction. Review all contractor submittals for compliance with the contract documents. Attend weekly meeting during construction and administer questions regarding construction. Endeavor to guard the City against defects and deficiencies in the completed construction. Determine in general if the construction work is being performed in a manner indicating that the construction work, when fully completed, will be in accordance with the construction contract documents. II. TIME OF COMPLETION The Consultant shall complete the Project Manual and Plans for public bidding for the Project within forty-five days of this agreement. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. -2- 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. -3- M. When the project is complete, the Consultant shall provide a full set of drawings in electronic format as follows: a. CAD files shall be in Autodesk AutoCAD drawing file format. If the file(s) have been translated from another CAD application, it should be noted as such. Each plan sheet should be ready to print. c. If applicable, include all file types used in the plan set; these may include, but not be limited to, linked attachments such as Tiffs, spreadsheets, and external reference drawings. Do not include any project data files or other documents not contained within the plan set. If necessary, include a "Readme" document for any clarification that may be necessary. d. All drawing files that have externally referenced drawings shall be inserted or bound into the drawing file. If this is not possible, externally referenced drawings should be located in the same folder as the drawing files. e. All submittals shall include an explanation of the Consultant's CAD layer scheme. f. All drawing files shall have the correct layer scheme in place. g. All submittals shall include the `plot style' (pen assignments) or .ctb file, in order for prints of the drawings to have the intended appearance. N. A hard copy plan set of the drawings shall be included in the delivery, and it should be full size, unless otherwise agreed upon. O. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. P. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. Q. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. -4- IV. COMPENSATION FOR SERVICES A. Compensation for service shall not exceed $80,000, plus reimbursable expenses for printing estimated not to exceed $5,000. B. Fees will be invoiced at the beginning of each month. A breakdown of the fees and an approximate schedule are provide below: Phase Fee Time Period Construction Documents $30,000 Oct-Nov. 2010 Bidding and Negotiation $7,000 Dec. 2010 Construction Administration $43,000 Jan.-July 2011 V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerati have been solicited. FOR THE CITY TH CON LTANT By: ~'~~ ~ ~ By: ~~ Sawa ~ Title: Mayor Title: Vice President Date: October 11. 2010 ATTEST: .~x.~ City rk Date: September 22nd ,2010 Approved by: G'~~ City Attorney's Office ~ ~ g~iv Date 10-11-10 N~-~ 21 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 10-442 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THOMAS M. MARKUS, CITY MANAGER. WHEREAS, this City Council has determined that it would in the best interests of the City of Iowa City, Iowa, to appoint Thomas M. Marcus as City Manager for the City of Iowa City; and WHEREAS, an Employment Agreement between the City and Thomas M. Markus as City Manager has been prepared, which Employment Agreement is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Thomas M. Markus be and he is hereby appointed City Manager for the City of Iowa City, Iowa effective December 1, 2010; and The Employment Agreement attached hereto and made a part of hereof is hereby approved as to form and content; and The Mayor and City Clerk are authorized and directed to execute said Agreement in duplicate for and on behalf of the City of Iowa City, Iowa. Passed and approved this 11th day of October , 20 10 ATTEST: -~Q ~ P'( ~~~~l~y ~~''~ --/?J~ITY CLERK MAYOR Appr ved by r 1 '~ ~ l City Attorney's Office Resolution No. t o-442 _ Page 2 It was moved by Bailey and seconded by n, r•lr ns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x -x,- x x x X ~_ Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc EMPLOYMENT AGREEMENT Introduction This Agreement, made and entered into this 10/11/2010 by and between IOWA CITY, IOWA, a municipal corporation, (hereinafter called "Employer") and THOMAS M. MARKUS (hereinafter called "Employee") an individual who has the education, training and experience in local government management and who, as a member of ICMA, is subject to the ICMA Code of Ethics, both of whom agree as follows: Section 1: Term A. This agreement shall remain in full force and effect from 12/1/10 until terminated by the Employer or Employee as provided in Section 9, 10 or 11 of this agreement. Section 2: Duties and Authority Employer agrees to employ Thomas M. Markus as City Manager to perform the functions and duties specified in Article IV of the Iowa City Charter & Title I Chapter 7 of the Iowa City Code and to perform other legally permissible and proper duties and functions as the Council may from time to time assign. Section 3: Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of $160,000 payable in installments at the same time that the other administrative employees of the Employer are paid. B. Consideration shall be given on an annual basis to increase compensation. C. The Employer may increase the compensation of the Employee dependent upon the results of the performance evaluation conducted under the provisions of Section 12 of this Agreement. Increased compensation may be in the form of a salary increase and/or a bonus. Section 4: Health, Disability and Life Insurance Benefits A. The Employer agrees to provide health, hospitalization, surgical, vision, dental and comprehensive medical insurance for the Employee and his/her dependents equal to that which is provided to all other administrative employees of Iowa City. B. The Employer agrees to provide disability insurance equal to that which is provided to all other administrative employees of Iowa City. C. The Employee may elect to submit once per calendar year to a complete physical examination, including a cardiovascular examination, by a qualified physician selected by the Employee, the cost of which shall be paid by the Employer unless the cost is covered by insurance. D. The Employer shall pay the amount of the premium not in excess of $2,000 annually for term life insurance in the amount of three (3) times the Employee's annual base salary, including all increases in the base salary during the life of this agreement. The Employee shall name the beneficiary of the life insurance policy. Employee understands that this is a taxable benefit. E. Other Benefits. During the term of this agreement, Employer shall offer to Employee other fringe benefits which may be provided other non-represented Administrative and Confidential employees of Employer. Section 5: Vacation, Sick, and Holidays A. Upon commencing employment, the Employee shall be credited with vacation leave equal to the highest annual accrual (192 hours) provided to all other employees and sick leave in the amount of 192 hours. The Employee shall then accrue sick and vacation leave on an annual basis at the highest rate provided to any other employees. Employer agrees to provide a holiday benefit program equal to that which is provided all other administrative employees of Employer. B. Upon commencing employment, the Employee shall have access to a bank of 180 sick days to be used in the case of serious medical conditions. This leave can only be used to provide coverage during the waiting period between the onset of illness or disability and the point at which short or long term disability coverage takes effect. C. The Employee is entitled to accrue unused vacation leave up to a maximum of 400 hours, and in the event the Employee's employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all accrued vacation time. All sick leave shall be accrued consistent with all other administrative employees. Section 6: Automobile Employer shall provide Employee an automobile allowance of $475.00 per month for his business and personal use during his employment with Employer. Employee shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall be responsible for expenses attendant to the purchase, operation, maintenance, repair and regular replacement of said vehicle. This automobile allowance shall be adjusted by the yearly percentage change of the Iowa City, Iowa area CPIU as published by the Department of Labor for December of 2011 and December of each contract year thereafter. 2 Section 7: Retirement A. The Employer agrees to enroll the Employee into the applicable state or local retirement system and to make all the appropriate contributions on the Employee's behalf, for the Employer's share. B. In addition to the Employer's payment to the state or local retirement system (as applicable) referenced above, Employer agrees to execute all necessary agreements provided by ICMA Retirement Corporation [ICMA-RC] or other Section 457 deferred compensation plan for Employee's continued participation in said supplementary retirement plan and, in addition to the base salary paid by the Employer to Employee, Employer agrees to pay an amount equal to 12.5% of his base salary or the maximum allowable amount under IRS rules whichever is the lesser amount, into the designated plan on the Employee's behalf, in equal proportionate amount each pay period. The parties shall fully disclose to each other the financial impact of any amendment to the terms of Employee's retirement benefit. In lieu of making a contribution fo a Section 457 deferred compensation plan, the dollar value of this contribution may be used, at the Employee's option, to purchase previous service from another qualified plan. Section 8: General Business Expenses A. Employer agrees to budget for and to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, and for the good of the Employer. B. Employer agrees to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to the ICMA Annual Conference, the state league of municipalities, and such other national, regional, state, and local governmental groups and committees in which Employee serves as a member. C. Employer also agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee's professional development and for the good of the Employer. D. Employer recognizes that certain expenses of anon-personal but job related nature are incurred by Employee, and agrees to reimburse or to pay said general expenses. The finance director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits or other necessary documentation required in accordance with the policies of 3 the City of Iowa City. E. The Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations. F. The Employer shall provide Employee with a computer, software, fax/modem, cell phone, pager and such other devices as may be developed and required for the Employee to perform the job and to maintain communication. Section 9: Termination For the purpose of this agreement, termination shall occur when: A. The majority of the governing body votes to terminate the Employee at a duly authorized public meeting. B. If the Employer, citizens or legislature acts to amend any provisions of the Iowa City Charter or Iowa City Code pertaining to the role, powers, duties, authority, responsibilities of the Employee's position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination. C. If the Employer, without the approval of Employee, reduces the base salary, compensation or any other financial benefit of the Employee, unless it is applied in no greater percentage than the average reduction of all administrative employees, such action shall constitute a breach of this agreement and will be regarded as a termination. D. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employee resigns, then the Employee may declare a termination as of the date of the suggestion. Section 10: Severance Severance shall be paid to the Employee when employment is terminated as defined in Section 9. In the event Employee is terminated or discharged by the City Council and during such time the Employee is willing and able to perform his duties under this Agreement, then, and in that event, the Employer shall continue to pay to the Employee his then-existing base salary and deferred compensation on the regular payroll schedule of the Employer (i) until the expiration of nine (9) months from the date of termination or (ii) until such time as Employee accepts and commences employment with any other employer, whichever occurs first. To the extent allowable by law, Employer shall either continue to provide and pay for health insurance or pay Employee's premiums for COBRA 4 coverage during the severance period. If the Employee is terminated because of a conviction of a felony, then the Employer is not obligated to pay severance under this section. Section 11: Resignation In the event that the Employee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of 60 days notice unless the parties agree otherwise. Section 12: Performance Evaluation Employer shall annually review the performance of the Employee prior to July 1 subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the Employer and Employee. The process at a minimum shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. Section 13: Hours of Work It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule. Section 14: Outside Activities The employment provided for by this Agreement shall be the Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, the Employee may elect to accept limited teaching opportunities with the understanding that such arrangements shall not constitute interference with nor a conflict of interest with his or her responsibilities under this Agreement. Section 15: Moving and Relocation Expenses Employee agrees to establish residence within the corporate boundaries of the local government, and thereafter to maintain residence within the corporate boundaries of the local government. A. Employer shall pay directly for the expenses of moving Employee and his family and personal property from Birmingham, Michigan to Iowa City, Iowa. Said moving expenses include packing, moving, storage costs, unpacking, and insurance charges. B. Employer shall reimburse Employee for actual lodging and meal expenses for his/her family in route from Michigan to Iowa. Mileage costs for moving two personal automobiles shall be reimbursed at the current IRS allowable rate of 50 cents per mile. 5 C. Employer shall pay Employee an interim housing supplement of One Thousand Dollars ($1,000) per month for a period commencing December 1, 2010 and shall continue fora maximum of 12 months. This supplement will cease upon the Employee's acquisition and closing on the Manager's home. D. Employer shall reimburse Employee for a total of 6 round trip air fares for Employee and his spouse for a total amount of 12 tickets at any time during the first year of service to assist with house hunting and other facets of the transition and relocation process. The Employee and his spouse may utilize and distribute the total 6 individual round trip tickets in any combination. The Employee shall be reimbursed for actual lodging and meal expenses incurred by Employee or his spouse on any trips conducted prior to relocation, as detailed herein. Section 16: Indemnification Beyond that required under Federal, State or Local Law, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of Employee's employment or duties, unless the act or omission involved willful and wanton conduct. In the defense of such claims, the Employee may request and the Employer shall not unreasonably refuse to provide independent legal representation at Employer's expense and Employer may not unreasonably withhold approval. Legal representation, provided by Employer for Employee, shall extend until a final determination of the legal action including any appeals brought by either party. The Employer shall indemnify employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his or her duties unless the act or omission involved willful and wanton conduct. Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in this Section, to be available. Employee recognizes that Employer shall have the right to compromise, adjust and settle claims against Employee for which Employee is entitled to indemnification. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. Section 17: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. 6 Section 18: Other Terms and Conditions of Employment Except as otherwise provided in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by other administrative employees of the Employer as provided in the Charter, Code, Personnel Rules and Regulations or by practice. Section 19: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: Mayor of Iowa City, Iowa with a copy to the Clerk 410 E. Washington St. Iowa City, Iowa 52240 (2) EMPLOYEE: Thomas M. Markus, 1365 Southfield Birmingham, MI 48009 Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 20: General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Effective Date. This Agreement shall become effective on December 1, 2010. D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the 7 expungement or judicial modification of the invalid provision. E. Governing law. This agreement and the interpretation of this agreement shall be governed by Iowa law. IOWA CITY, a Municipal Corporation Ma r = Attest: ~~-~~ `~ - Clerk .- ,'~ By: as M. Markus A roved as t 2 /U -/J- /v City Attorney 8 ~( EMPLOYMENT AGREEMENT Introduction This Agreement, made and entered into this by and between IOWA CITY, IOWA, a municipal corporation, (hereinafter called "Employer") ari THOMAS M. MARKUS (hereinafter called "Employee") an individual who has the educ tion, training and experience in local g ment management and who, as a memb r of ICMA, is subject to the ICMA Code o Ethics, both of whom agree as follows: Section 1: Term A. This agreement shall remain ' full force and effect from 12/1/ until terminated by the Employer or Employee as pro 'ded in Section 9, 10 or 11 oft is agreement. Section 2: Duties and Authority Employer agrees to employ Thoma M. Markus as C' y Manager to perform the functions and duties specified in Article V of the Iowa C' Charter & Title I Chapter 7 of the Iowa City Code and to perform of r legally p issible and proper duties and functions as the Council may from time to 'me assig . Section 3: Compensation A. Base Salary: Employer agrees to pay Em yee an annual base salary of $160,000 payable in installments at the same time th a other administrative employees of the Employer are paid. B. Consideration shall be given on an nual bas's C. The Employer may increase the ompensation c results of the performance evalu ion conducted u this Agreement. Increased com nsation may be in a bonus. to increase compensation. the Employee dependent upon the ~r the provisions of Section 12 of form of a salary increase and/or Section 4: Health, Disabil' and Life Insurance Bene A. The Employer agree , to provide health, hospitalizatio comprehensive medical insurance for the Employee and that which is provided all other administrative employees surgical, vision, dental and s/her dependents equal to t~owa City. B. The Employer agrees to provide disability insurance equal to that which is provided to all other administrative employees of Iowa City.. C. The Employee may elect to submit once per calendar year to a complete physical examination, including a cardiovascular examination, by a qualified physician selected by the Employee, the cost of which shall be paid by the Employer unless the cost is covered by insurance. D. The Employer shall pay he amount of the premiu not in excess of $2,000 annually for term life insuranc in the amount of three (3) ti es the Employee's annual base salary, including all incre ses in the base salary during the life of this agreement. The Employee shall name th beneficiary of the life insu ance policy. Employee understands that this is a taxabl benefit. E. Other Benefits. During the term of this agreem t, Employer shall offer to Employee other fringe benefits which may be pro ided other non-represented Administrative and Confidential emp yees of Employer. Section 5: Vacation, Sick, and Holid ys A. Upon commencing employment, th Employee hall be credited with vacation leave equal to the highest annual accrual (1 hours) provided to all other employees and sick leave in the amount of 192 hours The mployee shall then accrue sick and vacation leave on an annual basis at the 'gh st rate provided to any other employees. Employer agrees to provide a holiday bene " rogram equal to that which is provided all other administrative employees of Employe . B. Upon commencing employment, t Em oyee shall have access to a bank of 180 sick days to be used in the case of s ious m dical conditions. This leave can only be used to provide coverage during t waiting eriod between the onset of illness or disability and the point at which sho or long ter disability coverage takes effect.. C. The Employee is entitled to accrue unused vac tion leave up to a maximum of 400 hours, and in the event the Enx`ployee's employmen is terminated, either voluntarily or involuntarily, the Employee shall be compensated for II accrued vacation time. All sick leave shall be accrued consistent with all other adminis ative employees. Section 6: Automobile Employer shall provide rEmployee an automobile allowanc of $475.00 per month for his business and pers~nal use during his employment with mployer. Employee shall be responsible for paging for liability, property damage, and mprehensive insurance coverage upon such vehicle and shall be responsible for exp nses attendant to the purchase, operation, maintenance, repair and regular replacemen f said vehicle.. This automobile allowance shall be adjusted by the yearly percentage hange of the Iowa City, Iowa area ;CPIU as published by the Department of Labor for cember of 2011 and December ~f each contract year thereafter. 2 Section 7: Retirement A. The Employer agrees to enroll the Employee into the applicable state or local retirement system and to make all the appropriat tributions on the Employee's behalf, for the Employer's share. i~,_ B. In addition to the Employer's paymE applicable) referenced above, Employer provided by ICMA Retirement Corporati compensation plan for Employee's co retirement plan and, in addition to the b~ Employer agrees to pay an amount equ~ allowable amount under IRS rules which plan on the Employee's behalf, in equa parties shall fully disclose to each other terms of Employee's retirement benefit. i to the state or to al retirement system (as grees to execute II necessary agreements n [ICMA-RC] or her Section 457 deferred ~tinued participaf n in said supplementary ~e salary paid b the Employer to Employee, to 12.5% of hi base salary or the maximum ever is the les er amount, into the designated proportiona amount each pay period. The he financi impact of any amendment to the In lieu of making a contribution to a Secti n 457 eferred compensation plan, the dollar value of this contribution may be used, at the mployee's option, to purchase previous service from another qualified plan. Section 8: General Business Expenses A. Employer agrees to budget fo nd to pay for professional dues and subscriptions of the Employee neces ary r continuation and full participation in national, regional, state, and local sociati ns, and organizations necessary and desirable for the Employee's co inued p fessional participation, growth, and advancement, and for the good oft Employer. B. Employer agrees to budg t for and to pay r travel and subsistence expenses of Employee for professional an official travel, me ings, and occasions to adequately continue the professional dev opment of Employee and to pursue necessary official functions for Employer, inclu mg but not limited to th ICMA Annual Conference, the state league of municipalit' s, and such other natio al, regional, state, and local governmental groups and c mmittees in which Employee ewes as a member. C. Employer also a rees to budget for and to pay r travel and subsistence expenses of Employee f r short courses, institutes, and semin rs that are necessary for the Employee's professional development and for the good of th Employer. D. Employer recognizes that certain expenses of anon-personal but job related nature are incurred by Employee, and agrees to reimburse or to pay said general expenses. The finance director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits or other necessary documentation required in accordance with the policies of 3 the City of Iowa City. E. The Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations. F. The Employer shall provide Employ '-with a computer, s ftware, fax/modem, cell phone, pager and such other devic as may be develop d and required for the Employee to perform the job and to aintain communication. Section 9: Termination For the purpose of this agreemen ,termination shall o ur when: A. The majority of the governing ody votes to term ate the Employee at a duly authorized public meeting. B. If the Employer, citizens or legisl ture acts to a end any provisions of the Iowa City Charter or Iowa City Code pe fining to t e role, powers, duties, authority, responsibilities of the Employee's osition t t substantially changes the form of government, the Employee shall ha a the ght to declare that such amendments constitute termination. / C. If the Employer, without the app o~ compensation or any other financial be e greater percentage than the average's action shall constitute a breach of this; agr D. If the Employee resigns following an c informal, by the Employer as representati~ the Employee resigns, then the Employee the suggestion. al of Employee, reduces the base salary, fit of the Employee, unless it is applied in no uction of all administrative employees, such ement and will be regarded as a termination. :r to accept resignation, whether formal or of the majority of the governing body that av declare a termination as of the date of Section 10: Severance Severance shall be paid to the Employee when mployment is terminated as defined in Section 9. /` In the event Employee is terminated or discharged y the City Council and during such time the Employee is willing and able to perform his uties under this Agreement, then, and in that event, the Employer shall continue to pay o the Employee his then-existing base salary and deferred compensation on the regular ayroll schedule of the Employer (i) until the expiration of nine (9) months from the dat of termination or (ii) until such time as Employee accepts and commences employm nt with any other employer, whichever occurs first. To the extent allowable by law, Employer shall either continue to provide and pay for health insurance or pay Employee's premiums for COBRA 4 coverage during the severance period. If the Employee is terminated because of a conviction of a felony, then the Employer is not obligated to pay severance under this section. Section 11: Resignation In the event that the Employee voluntarily resigns his/her position with the Employer, the Employee shall provide a minimum of 60 days notice unless the parties agree otherwise. Section 12: Performance Evaluation Employer shall annually review the perfo to a process, form, criteria, and format for upon by the Employer and Employee. l opportunity for both parties to: (1) prepare evaluation, and (3) present a written sumr evaluation should be completed and deli evaluation meeting. i once of the Employee prior to July 1 subject e evaluatio hich shall be mutually agreed s process t a minimum shall include the written a aluation, (2) meet and discuss the of th evaluation results. The final written r~d t the Employee within 30 days of the Section 13: Hours of Work It is recognized that the Employee must d of a great deal of time outside the normal office hours on business for the Employer, and t that end Employee shall be allowed to establish an appropriate work schedule. Section 14: Outside Activities The employment provided for employment. Recognizing that provide indirect benefits to the E accept limited teaching oppo ~ shall not constitute interfer n~ responsibilities under this A eei by this Agreem nt shall be the Employee's sole ~rtain outside c nsulting or teaching opportunities r~hployer and the co munity, the Employee may elect to nities with the unde standing that such arrangements :e with nor a con ict of interest with his or her Section 15: Moving and :Relocation Expenses Employee agrees to establish residence within the cor rate boundaries of the local government, and there er to maintain residence within t corporate boundaries of the local government. A. Employer shall p y directly for the expenses of moving mployee and his/her family and personal prop~rty from Birmingham, Michigan to low City, Iowa. Said moving expenses include g~acking, moving, storage costs, unpacking, nd insurance charges. B. Employer sh~ll reimburse Employee for actual lodging nd meal expenses for his/her family in route from Michigan to Iowa. Mileage costs f r moving two personal automobiles shal~be reimbursed at the current IRS allowable rate of 50 cents per mile. 5 C. Employer shall pay Employee an interim housing supplement of One Thousand Dollars ($1,000) per month for a period commencing December 1, 2010 and shall continue for a maximum of 12 months. This supplement will cease upon the Employee's acquisition and closing on the Manager's home. D. Employer shall reimburse Employee and his spouse for a total amount of 1 service to assist with house hunting an process. The Employee and his spouse round trip tickets in any combination. lodging and meal expenses incurred by I prior to relocation, as detailed herein. =a total of 6 round trip air fares for Employee tickets at any time during the first year of other facets of the transi 'on and relocation ay utilize and distribute a total 6 individual e Employee shall be r imbursed for actual ~ployee or his spouse n any trips conducted Section 16: Indemnification Beyond that required under Federal, State o Local Law, mployer shall defend, save harmless and indemnify Employee against any tort, rofessional liability claim or demand or other legal action, whether groundl ss or of rwise, arising out of an alleged act or omission occurring within the scope of E ploye s employment or duties, unless the act or omission involved willful or wanton c nduc . In the defense of such claims, the Employee may request and the Employer sh II of unreasonably refuse to provide independent legal representation at Employ r' expense and Employer may not unreasonably withhold approval. Legal repr entation, provided by Employer for Employee, shall extend until a final determi tion of the legal action including any appeals brought by either party. The Empl er shall indemnify employee against any and all losses, damages, judgments, inter st, s lements, fines, court costs and other reasonable costs and expenses of legal roceed gs including attorneys fees, and any other liabilities incurred by, imposed up n, or suff red by such Employee in connection with or resulting from any claim, actin ,suit, or pro eeding, actual or threatened, arising out of or in connection with the p ormance of is or her duties unless the act. or omission involved willful or wanton onduct. Any se lement of any claim must be made with prior approval of the Empl er in order for i demnification, as provided in this Section, to be available. ' Employee recognizes that Errrployer shall have the fight to compromise, adjust and settle claims against Empl ee for which Employe is entitled to indemnification. Further, Employer agrees to pay all reasonable liti ation expenses of Employee throughout the pendency f any litigation to which the ployee is a party, witness or advisor to the Employer Such expense payments shall ontinue beyond Employee's service to the Employer s long as litigation is pending. Section 17: Bondin Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or or finance. 6 Section 18: Other Terms and Conditions of Employment Except as otherwise provided in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by other administrative employees of the Employer as provided in the Charter, Code, Personnel Rules and Regu tions or by practice. Section 19: Notices Notice pursuant to this Agreement shall b given by depositing in he custody of the United States Postal Service, postage prepa'd, addressed as folio s: (1) EMPLOYER: Mayor of Iowa City, I wa with a copy t the Clerk 410 E. Washington S . Iowa City, Iowa 522 (2) EMPLOYEE: Thomas M. Markus, 1365 Southfield Birmingham, MI 48009 Alternatively, notice required pursuant to this the same manner as is applicable to civil judic as of the date of personal service or as the course of transmission in the United States c Section 20: General Provisions A. Integration. This Agreemen between the Employer and the by the Employer. Any prior discu merged into and rendered nu written agreement may amend agreement. Such amendment agreement. ement may be personally served in p ctice. Notice shall be deemed given o deposit of such written notice in the ~I rvice. t s s forth and esta~ E ployee relating to 1 sions or representati~ and void by this Ag any provision of this s shall be incorpora fishes the entire understanding e employment of the Employee is by or between the parties are ement. The parties by mutual reement during the life of the and made a part of this B. Binding Effect. This greement shall be binding on the mployer and the Employee as well as their heirs, ssigns, executors, personal repres tatives and successors in interest. j C. Effective Date. Tjtiis Agreement shall become effective on ~ecember 1, 2010. D. Severability. T e invalidity or partial invalidity of any portio of this Agreement will not affect the va idity of any other provision. In the event tha any provision of this Agreement is he d to be invalid, the remaining provisions shall b .deemed to be in full force and effect4 as if they have been executed by both parties' subsequent to the expungement or judicial modification of the invalid provision. 7 E. Governing law. This agreement and the interpretation of this agreement shall be governed by Iowa law. J IOWA CITY, a Municipal Corporation By: Mayor Attest: Clerk By: Thomas M. Markus roved as City Attorney f i s